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
PLEASE HELP JERRY TO GET BACK HOME AND OUT OF THE NURSING FACILITY
HIS CONSERVATOR'S ILLEGALLY PLACED HIM IN! BOTH CONSERVATOR'S FAILED TO
FOLLOW RULE 7.1063. CHANGE OF CONSERVATEE'S RESIDENCE.
ALSO FAILED TO FOLLOW THE FOLLOWING RULES:
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
Comment:
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.
INFORMATION FOR THE CONSERVATEE:
https://www.courts.ca.gov/1301...
What can be done for Jerry at this point? Who can Les and Jen contact on behalf of Jerry?
PLEASE HELP!
===========
Full Article & Source:
Elder Abuse!!!