Sunday, December 1, 2019

Elder Abuse!!!

The conservatory was suppose to protect Jerry and his estate, instead it destroyed Jerry's financial future and forced him into a facility. 

By Marlene McCabe, Neighbor



Probate Code 1826 (a)(1)(A) (only the 2nd Court Investigator)

Probate Code 1826 (a)(12)(E)(f) (only the 2nd Court Investigator)

Probate Code 1826 (a)(12)(E)(f) (the 1st Court Investigator did, but the Conservator sent it back)

Probate Code 1821 (i) (no statement from conservatee included)

Probate Code 1823 (b)(5)

Probate Code 1823 (b)(7)

Probate Code 1824 (Conservatee received nothing after the conservator was allowed to open their mail)

Probate Code 1825 (a) (conservatee was not informed of court hearings or what took place at those hearings after the conservator was allowed to open their mail)

Jerry Duncan lives at 1247 Eggleston Street. Jerry needs help making Napa County hear his voice. Jerry does not want to be in a nursing home facility. Jerry wants to live in his own home.

Napa County shouldn't be allowed to get away with destroying this mans stable financial future and then uproot Jerry out of his own home that he has lived at for 38 years, doesn't owe anything on, get rid of his 2 dogs & 6 cats, and put him in a nursing facility. Jerry's public conservator's are JC and LW.

When Napa county sold Jerry's property for him, they sold it for $555,000.00. That money should have gone into Jerry's account. Now Napa County has put Jerry in a nursing facility because they say he is out of money. What happened to the $555,000.00? Jerry has been at the nursing facility since November 13, 2019.

The County sold Jerry's property at 2181 Shurtleff Avenue, Napa, CA with 3 homes on it because they stated that the homes were unlivable and condemned. Roughly around November of 2015 the city had a home on the property red tagged and Jerry was told that no one was allowed onto the property.

A few months before this happened, a neighbor offered to purchase the property with the 3 homes on it and Jerry told them, "Not in a million years." In march of 2016, 4 months after the city red tagged a house on his property and barred him from being on the property, Napa County filed with the court to become Jerry's conservator over person and estate, which was granted.

Jerry had the money at the time in November of 2015 to remodel said home and asked how he was suppose to fix the issues on the property if he wasn't allowed to be on the property? The city had no answer for him. However, those 3 houses are still on the property and currently 2 are being rented out. Income that would have kept Jerry from having to go to a home if he still owned that property.

Jerry is a retired real estate agent. Years ago, Jerry set up for himself a solid retirement portfolio that would enable him to be self sufficient and live out his days in his own home. Napa County has mismanaged Jerry's sound retirement portfolio and destroyed his ability to be self sufficient the way he had set himself up to be.

They are suppose to be handling his affairs in a way that is in his best interest, not their own. It was not in Jerry's best interest to sell his income property. And what happened to the money from that sale? No way could that have been managed properly and Jerry be broke now! Napa County has some answering up to do.

Les Izmore is a long time friend of Jerry's and has been living with Jerry for roughly 30 years. Les and his girlfriend Jennifer Lee have been willing to take care of Jerry's personal needs from the very beginning, they have been involved in his care from the beginning both refusing to accept any compensation for their time and efforts, and are still willing to do so.

On November 13, 2019, LW, one of Jerry's conservator's, picked Jerry up without informing anyone at the residence, Jen and Les were changing over the laundry at the time in the back, and left with him. After Jen and Les were not able to locate Jerry anywhere in the home or on the property, they made several calls to the conservators and other staff. They were eventually told that LW changed Jerry's podiatry appointment from November 21, 2019 to November 13, 2019 and had picked up Jerry to take him there.

Later on in the day on November 13, 2019 they found out that LW had taken Jerry to the nursing facility they wanted to admit him into for lunch. Jerry is currently at this facility now. Both conservatives failed to follow Rule 7.1063. Change of conservatee's residence which reads as follows:

Rule 7.1063. Change of conservatee's residence

(a) Pre-move notice of change of personal residence required

Unless an emergency requires a shorter period of notice, the conservator of the person must mail copies of a notice of an intended change of the conservatee's personal residence to the persons listed below at least 15 days before the date of the proposed change, and file the original notice with proof of mailing with the court. Copies of the notice must be mailed to:

(1) The conservatee;
(2) The conservatee's attorney of record;
(3) The conservatee's spouse or registered domestic partner; and
(4) The conservatee's relatives named in the Petition for Appointment of Probate Conservator (form GC-310), including the conservatee's "deemed relatives" under Probate Code section 1821(b)(1)–(4) if the conservatee has no spouse or registered domestic partner and no second-degree relatives.

Both JC and LW knew they were going to be moving Jerry to a nursing facility way before November 13, 2019. They both failed to mail the appropriate pre-move notice when moving a conservatee from their personal residence to a nursing facility in which Jerry was entitled to receive a notice of said move 15 days prior to them moving him.

On a side note, Jerry was taken to this home without having any notice. Jerry was not allowed to tell the people he cares about goodbye nor any information about how to visit him or call him. Jerry was not allowed to make any arrangements for his beloved pets nor have time to say goodbye to them. Jerry wasn't afforded the opportunity to pack any of his own clothes, gather family pictures to take with him, or any other personal belonging that could have helped Jerry adjust to his new surroundings. Jerry's medications were left behind as well. Jerry went to this facility with just the clothes on his back.

Jerry was treated like a convict, uprooted, processed, assigned a room, and both Les and Jen barred from seeing him, at least for the time being. Les and Jen are the 2 people who have been there for Jerry since this whole thing began. Jerry and Les have been friends for over 30 years. Jerry's conservator's, who knew about this happening months in advance, came one morning, picked Jerry up for a doctors appointment, and then took Jerry to a nursing facility.

Since then, Jerry hasn't been able to see his 2 dogs and 6 cats. Jerry hasn't been allowed to see Les, his trusted friend of over 30 years, until 11/17/2019, 4 days later. Has none of his personal belongings with him or any family pictures. In fact, while Les and Jen were visiting Jerry in his room, they noticed brand new clothing was bought for Jerry that hadn't been put away yet. Jerry has clothes at home? What if Jerry has some family heirlooms that have been in the family for years? What happens to those? If Les wasn't at the house, who would be taking care of Jerry's pets?

They both knew they were going to be moving Jerry according to a memorandum dated June 7, 2019. They knew about their plans, they withheld this information from Jerry, they didn't even give proper notice to Jerry or anyone else that they were obligated to do, etc... This memo stated a computation of fees and below those figures it stated the following:

"Activities include: Managing caregivers, managing residence, working with code enforcement and housing, paying bills, managing health insurance, arranging for care of animals, organizing and overseeing clean out and repair of home and surrounding yard, completing paperwork needed for medical management and doctor requests, arranging transport to medical appointments, coordinating treatment."

This document was signed by JC under penalty of perjury that the foregoing is true and correct dated on June 18, 2019. June 18, 2019 is also the date of a court event.

When the judge granted the conservator permission to open Jerry's mail, Jerry's conservator had all of Jerry's mail forwarded to their office. The permission was granted so that the conservator could do their job and pay the bills. Being granted permission to open someones mail doesn't mean you have permission to have their mail redirected and it doesn't mean that Jerry wasn't allowed to see his mail.

Any notice regarding court events was now being rerouted to 650 Imperial Way, the conservatives office. This is a form of isolation keeping Jerry in the dark about anything that was going on regarding him and his estate. Jerry went to the 1st hearing because he received notice about the hearing in the mail, before his mail got rerouted.

Jerry wanted to go to the court hearings, he wanted to appeal the conservatorship, he wanted to take this case to a trial. Jerry's wishes were only mentioned in the court investigators report to the court, which was mailed to his home address, but rerouted to the conservator's office, then returned to sender, never allowing Jerry the opportunity to receive and review a document that he was entitled to receive. Not even Jerry's public defender did anything to help Jerry out.

Jerry has been kept in the dark since the day the judge granted Napa County to be Jerry's guardian over Jerry and his estate. The following is a list of events beginning on June 18, 2019:


06/18/2019 Accounting

Second account and report of conservator; petition for Allowance of fees to conservator of person and estate and attorney for conservator

06/18/2019 Notice of Hearing (in which Jerry never received nor was told about)

06/25/2019 Report: Investigator-Conservatorship PERSON & ESTATE-Bienn

07/03/2019 Returned or Undeliverable Mail (The address was correct for Jerry's address and the address was correct for the conservator's address. Why wasn't this document deliverable? Why was it returned?)

07/09/2019 Certificate of Mailing

07/11/2019 Review - Biennial

07/11/2019 Hearing: Accounting

07/11/2019 Hearing: Accounting

07/11/2019 Order

07/11/2019 Minute Order

07/11/2019 Notice

07/13/2021 Review - Biennial

07/13/2021 Hearing: Accounting


When looking up the court case at the clerks office in the courthouse and reviewing court documents filed in this case on November 13, 2019, no original notice with proof of mailing had been filed with the court.

In fact the last court event was on July 11, 2019. The following was scheduled for that hearing:


Petition for second account and report of conservator; petition for allowance of fees to conservator of person and estate and attorney for conservator.

Order settling second accounting and report of conservator; allowing fees to conservator of person and estate and attorney for conservator.

Schedule Biennial Review/Accounting hearing for July 13, 2021 at 8:30 am.


There were 2 court investigator reports to the court done by 2 different court investigators. According to Probate Code 1826 (a)(12)(E)(f) it states:

(f) An investigation by the court investigator related to a temporary conservatorship also may be a part of the investigation for the general petition for conservatorship, but the court investigator shall make a second visit to the proposed conservatee and the report required by this section shall include the effect of the temporary conservatorship on the proposed conservatee.

In this case, the conservator didn't have the 1st court investigator interview the conservatee, but had a court investigator from another county complete this report. How is the 2nd court investigator suppose to know what the effects of the temporary conservatorship had on the proposed conservatee when they were not the ones to conduct the inerviews of the 1st report?

The 1st one was done by the Napa County Court Investigator Kathleen O'Neill dated April 28, 2016. She filed her report to the court and mailed it to the entitled persons to notice, one of which was Jerry, to be sent to 1247 Eggleston Street. However, the conservator had all of Jerry's mail forwarded to their address at 650 Imperial Way Ste 101, and from there it was returned to the sender.

There was a second court investigator report done by Gary R. Buchholz dated June 24, 2019 from a different county. He filed his report to the court and mailed it to the entitled persons to notice one of which was Jerry to be sent to 1247 Eggleston Street. However, the proof of mailing stated it was being mailed to Jerry at 650 Imperial Way Ste 101.

In both court investigator reports, Jerry expressed that he wanted to object to the proposed conservator expressing concern he will be forced to move from his home. He also wished to attend court hearing on this matter and take it to a trial. How is Jerry suppose to do this when he wasn't receiving proper notice and the conservator was not giving Jerry any of his mail nor was the conservator informing Jerry of the court notices?

The court may have granted the conservator the power to be allowed to open Jerry's mail, but that doesn't mean to withhold Jerry's mail and not allow him to see his mail. By having all of Jerry's mail forwarded to the conservator's office, Jerry was deprived of his right to be informed and attend the court hearings in order to defend himself and protect his estate.

On November 13, 2019, Jerry was removed from his home without receiving the proper pre-move notice in the mail when moving a conservatee from their personal residence to a nursing facility in which Jerry was entitled to receive a notice of said move 15 days prior to them moving him. (Rule 7.1063. Change of conservatee's residence)

The conservator has stated to Jen and Les that they have 9 other clients that are currently at Country Inn nursing facility where they have placed Jerry at and this is the nursing facility that they will be going to when they are older. How many clients have the conservator's had that didn't end up in a facility? How many have they had that have ended up in a facility?

The conservatory was suppose to protect Jerry and his estate. Instead the conservator destroyed this mans stable financial future and then uprooted Jerry out of his own home that he has lived in for over 38 years in order to place him in a nursing facility.

What can be done for Jerry at this point? Who can Les and Jen contact on behalf of Jerry?



Full Article & Source:
Elder Abuse!!!


Rachel said...

Does Jerry have an attorney?

M Dog said...


Yes. The court appointed him a public defender. He never contacted Jerry about his case or check with him about how Jerry wanted to be defended. His attorney simply allowed them to take over control of Jerry and his estate. The 2nd court investigator didn't even interview Jerry. He showed up and just walked into the home without knocking. Once in, he demanded to know which room belonged to Les and when shown his room, the court investigator stated, "Not for long." Les wasn't there that day so the court investigator then began grilling people that were there visiting, demanding to know what they were doing there and asking them if they lived there. The 1st court investigator followed the court order, interviewed people she was suppose to, etc... Both reports stated that Jerry wished to contest the guardianship, he wanted to attend the court hearings, etc.. Jerry's attorney should have seen those reports and attempted to contact Jerry about it. His attorney should have noticed that Jerry wasn't being served properly and that one was returned stating it was undeliverable. At no time did Jerry's attorney ask for Jerry's input. Jerry was entitled to be served his court documents regarding his case. He was denied the right to defend himself and the right to a fair trail due to his public guardian having all his mail forwarded to their office and with holding his mail from him.