Linda Kincaid Reports: Elder abuse by conservator Scott Phipps: Advocates request volunteer monitors

On October 7, 2014, elder rights advocates in California addressed the Alameda County Board of Supervisors concerning ongoing elder abuse of conservatee Elinor Frerichs. Conservator Scott Phipps of Phisco Fiduciary denies Elinor her most basic civil rights: the right to companionship with friends of her choice and the right to speak for herself in a court of law.

Coalition for Elder & Dependent Adult Rights submitted the following letter to the Board.

Dear Supervisors,

RE: Request for volunteer conservatorship oversight program

We wish to thank this Board for their openness and willingness to discuss the difficult topic of elder abuse within conservatorship. We especially wish to thank Supervisor Miley and his staff for offering to work with us on language for a resolution to honor the rights of elders and dependent adults in Alameda County.

We request the Board consider recommending a volunteer conservatorship monitoring program. The American Bar Association developed manuals and training materials for such a program. New Jersey and several other states established volunteer monitoring programs with excellent results, as well as realizing savings to courts and counties. Los Angeles County had a similar Advocates for Conserved Elders (ACE) program for several years. Attorney Steven Peck said of ACE:

ACE Volunteers help serve as an extra pair of “eyes and ears” for the court in its effort to reduce isolation, loneliness and elder abuse among nearly 9,200 conserved elders in Los Angeles County.

The ACE program is now simplified to a “friendly visitor” program, bringing social interaction to conservatees. The program is managed by the non-profit Wise & Healthy Aging.
https://www.lasuperiorcourt.org/probate/pdf/ACEFactSheet.pdfhttps://www.lasuperiorcourt.org/probate/pdf/ACEFactSheet.pdf

The case of Elinor Frerichs is just one example of the potential for abuse of power as Alameda County’s conservatorship program is now administered. Our October 2, 2014 letter to the Alameda County Court Investigator demonstrated the need for volunteer oversight in conservatorship.

• Elinor’s conservator Scott Phipps denies Elinor her right to visitors and phone calls.
• Elinor’s conservator Scott Phipps denies Elinor her right to attend court hearings on her case.
• Elinor’s court appointed attorney Scott Jordan opposes Elinor’s right to visitation.
• Elinor’s guardian ad litem, Legal Assistance for Seniors (LAS), opposes Elinor’s right to visitation, and LAS applauded Phipps’ abusive practices.

On September 12, 2014, advocates attended a hearing in Berkeley Probate Court in which conservator Scott Phipps and three attorneys all opposed Elinor’s most basic civil rights. That conservator and those attorneys will all bill Elinor’s estate for their time in court and their time preparing motions in opposition to Elinor’s rights. The cost to Elinor’s estate will be thousands of dollars. Yet, Elinor’s voice was not heard.

Only through volunteer oversight programs will conservatees’ voices be heard. Only through volunteer oversight programs will churning and pillaging of conservatees’ estates be brought under control.

LAS receives nearly $1,000,000 per year in public funding. Their website states:

'The mission of LAS is to ensure the independence and dignity of seniors by protecting their legal rights through education, counseling, and advocacy.'

'Our vision is that all seniors will be able to live with safety, dignity, and the greatest possible independence regardless of their economic, social, or health circumstances.'

LAS lost sight of the goals stated on their website. With a return to ethical management and needed accountability for use of public funds, LAS could be an appropriate entity to implement a volunteer conservatorship monitoring program. Using funds they already receive, LAS could return to their mission of advocacy for the rights of seniors.

We urge the Board to recommend a volunteer conservatorship monitoring program.

Readers can contact the Alameda County Board of Supervisors to share their comments on volunteer conservatorship / guardianship monitoring programs.

District 1: Scott.Haggerty@acgov.org
District 2: Richard.Valle@acgov.org
District 3: Wilma.Chan@acgov.org
District 4: district4@acgov.org
District 5: Keith.carson@acgov.org

Full Article & Source:
Elder abuse by conservator Scott Phipps: Advocates request volunteer monitors