Linda Kincaid Reports: Elder abuse by Scott Phipps: Victim denied contact with Dr. Robert Fettgather

Elder rights advocates across the country are scrutinizing elder abuse by Oakland conservator Scott Phipps of Phisco Fiduciary. Phipps initially drew attention by violating Elinor Frerichs’ right to receive visits or phone calls from her husband and friends. For two years, Elinor was denied nearly all contact with loved ones.

Phipps placed Elinor at Lakeside Park, a locked dementia facility. Phipps instructed staff to keep Elinor unlawfully imprisoned and isolated. Elinor is allowed no visitors and no phone calls. Phipps and Lakeside Park share the benefit of access to Elinor’s multimillion dollar estate.

Community Care Licensing informed Lakeside Park they could lose their license if they continued to violate Elinor’s rights. The facility allowed visitation for a few days in September 2014. Elder rights advocates were able to establish contact with Elinor on two occasions.

On September 3, this Examiner and several other individuals met with Elinor in the lobby of Lakeside Park. Phipps flew into a rage when he learned of our media connections. He ordered us to leave immediately, and he called Oakland Police Department to enforce his unlawful demands. Officer Vierra removed Phipps to another room so the visit with Elinor could continue. Elinor gave a statement to Officer Vierra and a second officer.

On September 5, 2014, this Examiner and elder advocate Dr. Robert Fettgather met with Elinor at Lakeside Park. Phipps interrupted the visit, threatening Dr. Fettgather and again creating a disturbance in the facility. Dr. Fettgather urged Phipps to regain his composure and to think of Elinor’s best interests. Phipps removed himself without the assistance of law enforcement. Advocates resumed their visit with Elinor.

On September 12, 2014, Phipps retaliated with a petition to the Alameda County Probate Court asking to permanently take away Elinor’s right to visitation. Phipps denied Elinor her right to attend the hearing on her rights. By isolating Elinor from the court, Phipps also denied Elinor her right address the court. Judge Sandra Bean made her decision without input from Elinor or input from legal counsel representing Elinor’s wishes. Unaware of Phipps’ record of abuse, Judge Bean authorized Phipps to control visitation with Elinor. As of this writing, Phipps denies all requests for visitation.

Robert Fettgather, Ph.D. taught life span psychology (conception to death) since 1985. He currently is an advocate with the Coalition for Elder and Dependent Adult Rights (CEDAR). Dr, Fettgather is also a consultant and advocate at Lifespan Consulting. He worked as a special educator and, later, as a clinical psychologist before establishing his current practice. Dr. Fettgather holds a Ph.D. in Psychology and Master’s degrees in both Psychology and Special Education.

On Sep 14, 2014, Dr. Robert Fettgather wrote:

Mr. Phipps:

Judge Bean's decision to allow Elinor Frerichs visits with her family and friends was a good one for Elinor. She explained to me on my visit that she was lonely. And, as you observed, she stated quite clearly that she very much wanted me to stay.

I am requesting your permission for another visit at Elinor's earliest convenience.

Sincerely,
Robert Fettgather

On Sep 15, 2014, Scott Phipps wrote:

Mr. Fettgather:

Due to recent events in this case it has become clear that you are a known associate of Kennett Taylor. Your request for a visit with Elinor is denied as it will be detrimental to her well being.

Scott Phipps, MDiv, CLPF, NCG
CA Licensed Professional Fiduciary #11

On September 17, 2014, Dr. Robert Fettgather wrote:

Mr Phipps,

Thank you for your response.

You have cited that I am a "known associate of Kennett Taylor" as a reason to deny Elinor her right to visitation as specified by law.

I met Mr. Taylor for the first time at Elinor's hearing. By any legal or common sense standard I have no meaningful association with him. On the other hand, I am known to be a retired psychologist who has dedicated this part of his life toward the social support of adults with disabilities and elders.

Furthermore, I am known to you (as you observed my conversation with Elinor) to be offering non-professional social and emotional support. You also know that Elinor expressed very clearly to you that she enjoyed our visit and wanted me to stay. Your (witnessed) tirade directed at me during that visit, including making false allegations against me, suggests you have may hold some personal animosity toward me.

Respectfully, I ask that you set that aside in favor of observing the decision standards of your profession (CCR 4472) that require the observance of consumer choices and desires.

Robert Fettgather

Phipps did not respond to Dr. Fettgather’s reasoned request for Phipps to conduct himself professionally and to honor Elinor’s rights. As of this writing, Phipps denies all requests for visitation or phone calls. Elinor is denied any contact with family, friends, or advocates.

Readers may contact Scott Phipps to request a visit with Elinor Frerichs.
scottphipps.phisco@gmail.com

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Elder abuse by Scott Phipps: Victim denied contact with Dr. Robert Fettgather