The complaint alleges that the court system has failed to provide adequate training to attorneys in how to comply with the Americans with Disabilities Act, has failed to train the attorneys on how to effectively work with a client who has developmental disabilities, and lacks qualification and performance standards.
The court also places a conflict of interest on these attorneys, the complaint says. The court requires attorneys to advocate for the client while also assisting the court in resolving the matter, violating the client’s right to due process, the complaint says.Coalition for Elder & Dependent Adult Rights (CEDAR) reported that court-appointed attorneys in a number of California counties violated the civil rights of the conservatees they were assigned to represent. In a conservatorship in San Bernardino County, the court-appointed attorney openly opposed the civil rights of the conservatee, and he advised abusers on strategy to isolate the conservatee from her loved ones.
CEDAR reported the civil rights violations to the San Bernardino County Superior Court. On November 12, 2014, San Bernardino County Deputy Court Executive Officer Debra K. Meyers wrote:
The Court would refer you to the State Bar of California, which is the state agency that licenses and regulates attorneys in the practice of law and is solely responsible for the investigation and resolution of complaints about the professional conduct of attorneys.On March 24, 2015, San Bernardino County Presiding Judge Marsha G. Slough followed with a letter stating:
Please be advised that any concerns regarding a lawyer’s conduct should be referred to the California Bar Association for investigation, not the court.The California Bar Association referred the matter back to the court. Court-appointed attorneys in San Bernardino County continue to operate without supervision or oversight.
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Court-appointed attorneys violate civil rights, commit elder abuse
Linda is a great advocate and California is lucky to have her!
ReplyDeleteMy mother's husband died & his four children isolated her from her family & friends to quote bond with her. She was unreachable by me her only daughter for 6 months. Still distraught from her husband's death they had her sign financial papers, changed her password on the computer and her safe along with packing up all her belongings & placing them in storage where they had the only key. She was unable to obtain her clothing or medical equipment. Placed in a long term care facility 4,000 miles from her home into a city they lived in. Her car gone & refused to let her continue driving on her valid license. Medications she c/o increased & the pills changed color. They were listed for a person with a different DOB & Room number. Mom was assaulted twice by a roommate while paying over $4,000 a month. A TV sitting on a cardboard box on her floor. The only thing familiar & companion her dog was taken.Not to mention her jewelry from decades old gem business. Personal property of her mother's farm missing. I am told I can't talk to her about her health, the other children & money. She was denied a visitor last Wednesday & has no phone even though her bill is being paid monthly. My visits are monitored & limited. They come to collect her mail even if certified to her only from her cousin. She went without eye glasses for months. She states she is lonely & afraid & said she's in jail. How can I help her? 9515517067
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