Linda Kincaid Reports: Court appointed attorney may have investigated sexual assault at wrong facility
Linda Kincaid
Documents filed with San Bernardino County Court indicate a court appointed attorney may have investigated elder abuse and sexual assault
of an elderly woman at the wrong long-term care facility. The attorney
is seeking payment totaling about $200K from the woman's estate.
An October 11, 2013 Petition for Attorney Fees by Court
Appointed Counsel establishes the duties of the court appointed
attorney.
Petitioner, MARK J. ANDREW FLORY, court appointed
attorney for the conservatee herein, after rendering legal services
necessary in representation of the conservatee’s person and estate,
alleges:
1. Court Appointment: On August 9, 2010, the court appointed the petitioner as counsel for the conservatee herein.
The petition includes a request for attorney fees to be paid to Mark Flory
from the conservatee’s estate. Page one of Flory's invoice shows that
Flory collected $70,758.75 from the conservatee’s estate prior to June
30, 2012. The October 11, 2013 petition requests an additional
$83,306.00 from the conservatee’s estate.
The conservatee’s family objected to Flory’s request for
fees, alleging that Flory opposed the conservatee’s right to have
visitors and opposed the conservatee’s right to have routine medical
care. Flory also opposed the conservatee moving out of Wildwood Canyon Villa,
an assisted living facility where records establish that she was
forcibly isolated and chemically restrained with anti-psychotic drugs.
Records also contain many indicators of long-term sexual abuse by a male
caregiver at Wildwood.
In March 2013, family’s legal counsel asked Flory to
investigate possible sexual abuse at Wildwood Canyon Villa. For nearly a
year, there was no indication that Flory conducted any investigation.
Then Flory’s February 6, 2014 Response to Objections indicates he may
have investigated the wrong facility.
Kincaid alleges that while Carol Hahn was at Braswell’s
Hampton Manor an incident of possible sexual abuse occurred and that
Counsel for Linda Kincaid ask [sic] Mr. Flory to investigate. Mr. Flory
did make a reasonable investigation. There was no evidence of any kind
of abuse.
If Flory investigated Braswell’s Hampton Manor, then it is
unlikely he identified any indicators of sexual abuse. The indicators
of sexual abuse were contained in records from spring 2011 to summer
2012, when the conservatee resided at Wildwood Canyon Villa. The
strongest indicators of sexual abuse were in records from July and
August 2012.
Wildwood
Canyon Villa evicted the conservatee in early September 2012, and she
transferred to Braswell’s Hampton Manor. There were no further
indicators of sexual abuse after the conservatee was allowed to leave
Wildwood.
Legal counsel for the conservatee’s family served a
deposition subpoena on the male caregiver who worked night shift at
Wildwood in spring 2011 through summer 2012. On November 6, 2014, legal
counsel for Wildwood Canyon Villa filed the following objection.
Respondent objects to the Notice and subpoena and to
providing any testimony to the extent that it violates his rights under
the Fifth Amendment of the U.S. Constitution;
Legal counsel for the conservatee’s family took the
deposition of the male caregiver on November 20, 2014. The deposition
of the alleged abuser took place in the law office where Flory is
currently employed. Flory did not attend the deposition, nor did he show any interest in the deposition.
Flory indicated that he will seek additional “fees on fees”
in the amount of about $50K from the conservatee’s estate. In total,
Flory is seeking about $200K for his “services” to the conservatee.
Shameful. The attorney should have all cases removed from him.
ReplyDeleteAt the wrong facility??????? Sounds like this conservator was real concerned - not!
ReplyDeleteIt's shocking that someone would think he/she actually deserved this amount of money after failing to do the job.
ReplyDelete