Protesters Demand Further Investigation After Alameda County Grand Jury Report Ignores Flagrant Probate Abuses

Cathy Rodriguez was denied the conservatorship of her aunt, 88-year-old Mildred Rodriguez, despite sharing ownership of the mobile home they lived in. Mildred’s estate was handed over to a public guardian because of a dispute between Cathy and a cousin, Rose Rivera, who had placed the mobile home and Mildred’s retirement and assets in her name.

Samantha Durrell shows before and after pictures of her mother under the “care” of her court-appointed guardian.

By Tanya Dennis

The release last month of Alameda County’s Grand Jury report charging deficiencies in the Alameda County Probate Court system has set off a firestorm of activity by probate reform groups that say the report did not go far enough.

Affected family members and activists gathered outside of the Alameda County Supervisors Administration office Aug. 11 to protest the failure of the Grand Jury to address the families’ losses of their loved ones and their estates.

According to the protesters, the Grand Jury report failed to address the ongoing enrichment of court-appointed guardians or conservators to the detriment of conservatees and their families.

“Protesters want the presiding probate judge, Charles Smiley, the Grand Jury and the County Board of Supervisors to genuinely consider their complaints of guardianship abuse and reopen the Grand Jury investigation,” said Venus Gist of California Justice.

Samantha Dussell and Cecily Dussell were among those outside the courthouse. “I’m out here protesting today because my mother’s civil rights were violated,” said Samantha Dussell. She and her daughter, Cecily Dussell, had filed a verified petition to remove the public guardian from their mother/grandmother, Rosalie Hope Sifuentez.

“In every aspect of my mother’s life, there has been a lack of common sense and integrity and contempt for her that has been used in making decisions for her daily care, health care, emotional and spiritual needs and living environment,” Samantha said.

Also protesting was Doris Lilly who alleges that the estate of her aunt, 97-year-old Christine Williams, was taken and sold by the man who prepared Williams’ taxes.

Lilly said that Williams’ tax preparer utilized his access to Williams’ documents, changed her will, her power of attorney, placed his name on her accounts, then sold her $800,000 home for $605,000, gave $100,000 to two nephews and has not been held accountable by the court to report what happened to the $405,000 balance of her estate despite requests from the family.

Cathy Rodriguez was denied the conservatorship of her aunt, 88-year-old Mildred Rodriguez, despite sharing ownership of the mobile home they lived in. Mildred’s estate was handed over to a public guardian because of a dispute between Cathy and a cousin, Rose Rivera, who had placed the mobile home and Mildred’s retirement and assets in her name.

Rather than assist Cathy in returning the assets she shared with Mildred, the conservator reported to the court that Mildred did not trust Cathy, despite a hand-written note by Mildred that she did not like the care facility she was in and wished to live with Cathy.

Rivera, the Public Guardian, filed a complaint claiming Cathy’s behavior was disruptive and prohibited her from having any contact with her aunt.

“The system is abusing my auntie and keeping her in prison with no contact with the outside world,” Rodriguez says. In a video recording, Mildred states “I want out of here. I want out of this place. I don’t like staying here and being with these people, I want to live with Cathy.”

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Protesters Demand Further Investigation After Alameda County Grand Jury Report Ignores Flagrant Probate Abuses

Alameda County Grand Jury Report Cites Probate Conservatorship Cries Out for Reform

Alameda County needs a radical transformation in the way legal defense services are provided, said Venus Gist, a ‘Shout Out Justice’ advocate. “As things now stand, these services almost always result in a conservatorship being granted. There are no trials. No appeals. Less restrictive alternatives are not seriously explored,” she went on.

Probate Advocate Venus Gist says, “Alameda County needs a radical transformation in the way legal defense services are provided.”

By Tanya Dennis

Last week, the Alameda County Grand Jury released its final report on the Alameda County Probate Court and found numerous deficiencies that have been criticized by probate reform groups for decades.

The Grand Jury found that:

• Probate Court staff is severely overworked and understaffed;
• The Public Defender’s office has no monitoring system to ascertain the service it renders to beneficiaries to assure their needs are addressed;
• Guardians are not provided formal training;
• There is no formal grievance process;
• Beneficiaries who are poor do not get the same level of service as those with means
• Involuntary conservatorship can drain estates quickly because of lack of oversight.

The Grand Jury report has given hope to probate reform advocates, who have been protesting these deficiencies for years with little or no success.

Spectrum Institute has been calling for Probate Court reform for eight years, especially in regard to beneficiaries with disabilities.

“The report of the Grand Jury sends a signal to the Alameda County Board of Supervisors that the status quo of unnecessary and overreaching conservatorships must end,” said Spectrum Institute Director Tom Coleman. “In terms of the responsibility to stop conservatorship abuses, the buck stops with the Board of Supervisors.’

Coleman suggested that the board should look to Nevada for solutions. “It should adopt a new system for providing legal defense services to seniors and people with disabilities who are targeted by these proceedings,” he said.

Recommendations from the Grand Jury are that the Alameda County Defender’s office transfer the responsibility of conservatorship to a separate agency with a contract specifying standards be met in order to receive funding from the County.

The Grand Jury is also advocating for a “Zealous Advocate,” a legal representative who assures that the desires of the conservatee are addressed.

Conserved involuntarily, Katherine Carter had to be ‘kidnapped’ from a long-term care facility by her daughter, Venus Gist, a ‘Shout Out Justice’ advocate.

Carter had been neglected to the degree that the facility had arranged hospice care. Risking arrest and prosecution, Gist “illegally” removed her mother from the facility. Katherine Carter lived an additional four years after being given 3 to 6 months to live.

“As both an advocate and a victim of the probate court, I think it’s exceptional that the Grand Jury of Alameda County has finally filed a report addressing the issues of conservatorship within the Public Guardian’s Office,” Gist said. “Abusive conservatorships are occurring nationwide and seldom are public servants such as judges, attorneys, conservators, fiduciaries, etc. held accountable and convicted of criminal acts committed towards their clients.…. it’s rarely talked about, and families and caregivers are mostly blamed.”

Alameda County needs a radical transformation in the way legal defense services are provided., Gist said. “As things now stand, these services almost always result in a conservatorship being granted. There are no trials. No appeals. Less restrictive alternatives are not seriously explored,” she went on.

She agrees with Coleman that the board should hire an outside firm to audit the public defender and “look seriously at adopting the Nevada model for legal defense services in Alameda County.”

To prevent abuses such as the Carter family encountered, the Grand Jury recommends that a neutral third-party entity be selected to conduct annual reviews of conservatorships to assess attorney compliance and determine compliance with probate rules.

The Grand Jury also recommended that attorneys take ongoing educational training in probate conservatorship and establish annual performance evaluations. They also recommend that a licensed health professional evaluate each client.

Although encouraged by the Grand Jury report, Gist feels it did not go far enough and wishes they had interviewed citizens who have been violated. Gist says, “If they are investigating, conduct it thoroughly, it requires the whole truth.”

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Alameda County Grand Jury Report Cites Probate Conservatorship Cries Out for Reform