When a Family Matter Turns Into a Business

Reporters Robin Fields, Evelyn Larrubia and Jack Leonard spent three years examining the conservator industry and California's frequent failure to protect vulnerable seniors from those hired to manage their affairs. The reporters invite you to pose questions and share your own experiences on this topic. 

At latimes.com, we will respond to as many comments and questions as possible. Comments are moderated, and will not appear until they've been approved. Here are the full legal terms. 

Comments

[JP]

This is horrible. I don't understand how someone's life can be given away without their say, or without them even being there. I don't care how old, it should be illegal to have these deals made without at least a physical presence.

[Senior Advocate]

I came to the LA Times Website today to look for some unrelated info. I saw the headline for this article and decided to read on. I used to work in a nursing home, so I have a 'sweet spot' for seniors and am always interested in related topics. I got to the end of page 1 and then realized this was an 11 page article. It only took a few seconds to determine that I would read on, as each word kept me moving forward in anticipation of what would be revealed.

It was obvious you did a lot of research and understood fully what was going on in this booming industry. I am horrified at what I read, horrified. I had no idea it was this easy to become conservator of an elderly person's estate. I also had no idea it was POSSIBLE w/o the concent, or knowledge in some cases, of the family. OUTRAGEOUS! How can this be possible?!?! It seems absolutely barbaric. How do we protect those people who society already disregard and patronize, so that they can have free will to preserve what they spent AN ENTIRE LIFETIME building? Last time I checked this was AMERICA, what is going on? What happened to free will and our rights? What happened to deciding what happens to your own assets, especially when you are still totally coherent?!? Afterall, you spent every day at a job you hated your entire life, to save those pennies so that someday you could determine what to do with your money and possibly give yourself a better life or at least peace of mind you had security in the bank. Now a conservator comes along and in some cases, absolutely throws your money out! Wasting it on things w/o regard to what you did to save that, they have no respect! It is absolutely sickening. They have no idea how you may have struggled and done without just to have that money. Now they want to fix something in your home which you did without for who knows how long, you obviously didn't need it!!?! How dare they!?!? How dare they spend, spend, spend until it is all spent! HOW DARE THEY take your life work from you. SHAME ON THEM. What do we do to stop this?!

I can only imagine the rage and hurt and absolute dispair one must feel when you have saved for so many years and then to have someone come along and squander your pennies away w/o regard to your diligence. It makes my stomach turn just thinking it. These conservators dare take from those who have chosen to save what they can?! Outrageous! What do we do now?

[MT]

I am so upset after reading this article that I want to cry. I just don't understand how people can be so disgustingly greedy and cruel. And who are these judges? Why do they seem to consistently rule in favor of these horrible conservators despite overwhelming evidence that they are mistreating their clients? I simply don't understand it. Is anything being done to investigate this?

[Anne Hurley]

This is horrible! I'm a middle-aged widow, no children. What can we boomers do now to protect ourselves?

[Michael Bragg]

This story is very frightening. It seems to me there is one thread through the story and that is the complicity of judges who don't do anything to help these poor people. Cases done in minutes, no investigations, why is this?

[Paul]

My family is currently going through a similar situation with my aunt. It is absolutely deplorable that the system designed to protect our elderly contributes to their demise. Our seniors have living trusts and wills... but what for? Even in the medical state of dementia a court appointed conservator and attorney working together changed my aunts wishes and living trust. HOW DO I PROTECT MY PARENTS FROM THE SAME SCAM AND FROM UNSCRUPULOUS FAMILY MEMEBERS?? Please advise.

[advocate]

You have made an excellent start with a complex subject. I suggest the following related topics:
1. The habit of most judges of giving great and undue deference to the claims/statements of professional conservators and attorneys appointed by the court to represent conservatees.
2. The tactic used by some successful professional conservators who have retained most of the experienced attorneys practising in the probate court as counsel in one or more of the professional's conservatorship/guardianship/estate cases. A conservatee's family member who wants to challenge such a professional conservator will be unable to use any of those experienced attorneys to represent him, due to conflict of interest rules.

[Gary Robinson]

They are BLOODSUCKERS who need to put under control by the court...UNBELIEVEBLE...

[AH]

This can happen to the best of families, and did happen to my grandfather.

My grandfather's children (my mother and uncle), as well as his wife (my grandmother) had all passed on. I am the oldest grandchild, but lived some 20 miles away from his home in Whittier.

My grandfather was in the hospital and upon release needed to convalesce. The doctor recommended a "board and care" in a woman's home, so I agreed.

Very soon after he began staying with her, his demeanor changed. He was sullen, angry, would not speak with me. Shortly thereafter a neighbor visited him and he disclosed to her that the woman caring for him had had him "sign some papers" (that turned out to be legal docs to appoint her conservator). Also, the woman had driven him to the bank and withdrawn $1000 without disclosing this to me, telling him she needed the money to pay his bills. (I had been paying all his bills.) The woman also "bragged" that her beautiful home had been "given" to her by a previous "client."

Long story short, it took an attorney, a court order, the sheriff and his friends to get him out of there.

I brought him to my home and within a few days he was his normal self. (Turns out she had been drugging him.)

I then put him into a reputable board and care near my home and he lived happily for some 8 more years.

WARNING: There are predators targeting elderly with assets. These are vicious, self-serving, lying con artists.

Beware & Take Care!

[Sally Blaine]

Is no one safe? Yes, those of us with limited incomes and few assets. We are not raw meat for these so called "conservators". This is nothing short of criminal behavior and is a mirror image of other big money scandals like Enron. I have been a Senior peer counselor, seeing primarily low income seniors, and in my time as a Grand Juror investigating Santa Barbara county offices, I had occasion to review the work done by the Public Guardian's office. I was pleased to see the quality and integrity of record keeping and real caring shown by the employees. As a senior peer counselor I was considered a mandated reporter of any perceived abuse and our group had a good working relationship with an individual from the District Attorney's office who followed up with their own inquiries.
I am disturbed beyond words to read of these criminal abuses, and saddened that there are so many individuals with no social conscience and armed only with their greed.

I commend the authors for this article, and the Times for publishing it. I make myself available for any further action to eliminate these predators.
Sincerely, Sally Blaine

[ann scott]

Being a "boomer" and retired lawyer, I have never seen nor heard of such egregious abuse of fiduciary duties nor judical responsibilties. If I lived in California and even suspected I was beginning to have physical difficulties or memory lapses, I would commit suicide before I endured such treatment. The entire California judiciary and legislature should all resign in disgrace out of sheer embarassment at their failure to prtoect the elderly from voracious sharks.

[Mauricio Aranda]

It's amazing that this happening. The judges that allow this to happen should leave the bench. They are getting paid well to do their jobs. Not doing so is inexcusable. These people who abuse the elderly, and that is what they are doing, should go straight to jail and lose all their assets. We as a society need to take responsibility to see that we take care of all those who need our help. We have more protection for animals than we do for people.

[Mitch Mauldin]

What is happening here is nothing new. If you want to read some REALLY GOOD articles about fiduciary abuse, go to www.phoenixnewtimes.com and search the archives for articles by Paul Rubin.

My recently deceased Aunt had the misfortune of becoming a ward of the court in Arizona. Of course, no one bothered to find any REAL family members. They were satisfied with the word of a public servant who had 2 million good reasons to not want any blood relatives to know about anything. After this guardianship was granted, the public fiduciary took control over my Aunt's life. She had 24/7 LPN care, to the tune of around $80K (for one nurse) per year. Of course, they remodeled her home (using their 'cronies' instead of licensed contractors), threw out everything and bought new. I could go on and on with the horror stories about this.

The family fought long & hard, and I'm glad we did.

To the families who are now in this awful position, give them hell, and watch every move they make. The court will not protect you, you have to do this yourselves. Also another heads up, the fiduciary and caregivers DO NOT WANT YOU to be involved with your elders. They want you to go away and will make every effort to keep you away. (Including making up stories that you 'upset' the ward. The only people you are upsetting are the ones who are robbing your elders blind).

Be sure you go over every accounting with a fine tooth comb. You'd be surprised the things you will find. Best of luck.

[Wendy Hughes]

My father, who died in 1988, was an attorney in Los Angeles; he had a civil litigation practice, mostly bankruptcy and family law.
Toward the end of his life, his interest turned to conservatorships. He had clients whose lives were being terrorized by conservators. He explained to me that even at that time, conservatorships were gained by people unrelated to the elderly conservatee, that there is no protection, and that it was difficult to reverse. Ironically, he had one client who preferred to have a conservator. She was in her 90s and pretty helpless. She was in a retirement home she liked, but realized it was risky to have anyone at the home be her conservator, and she consulted with my father to find a trustworthy person. Otherwise, his practice was devoted to helping people whose golden years were turning into nightmares similar to what has been described in Part One of this article.

I will be interested to learn if there is any guidance about amending the conservatorship process. Of course, it is entirely possible that ethical conservators help people. I would like to nominate a conservator, should one become necessary, with a back-up in case that one is unavailable.

[E.C. Lapping]

It seems like this article should be forwarded to the IRS ... there are IRS rules governing below-market sales of homes between family members. Melody Scott had a clear conflict of interest in selling Helen Jones' property (in addition to gouging Ms. Jones for upgrades prior to the sale). Melody Scott may not be a family member, but she was SUPPOSED to be acting in the best interest of her client and I'm certain the IRS can make a case. It seems likely one so greedy as to leech assets from an old lady would have no problem omitting a few details on her tax return. It would be poetic justice to have the IRS strip Ms. Scott of her ill-gotten gains.

That said, who do I start harrassing (senators, governors, etc.) to ensure that laws are put in place to protect my parents, and me for that matter against these parasites? I know there are instances where individuals actually need the services of conservators but why can't there be limits on fees charged for services and WHY can't there a protective services spokesperson for EVERYONE who is subject to conservatorship?

[bill willmann]

Your recent series
"GUARDIANS FOR PROFIT
When a Family Matter Turns Into a Business"
Indicates the local or US court system with judges and attorneys, is kind of a lawful Mafia-sideline-business here in California, or is, what has been written valid for the US in general? I would consider moving out of state or the US, if necessary.

I am 80 years old, well to do, because I worked hard an honest way to safe a little fortune for retirement.
The thought some judge and attorney is entitled by US LAW to determine over my accounts for their own criminal interests and rob me of my freedom, is kind of nerve shattering.
What is your advise to avoid this kind of a situation?
and thank you for this most interesting, but devastating, eye opening article. Bill Willman, redondo beach

[valerie woodard]

Why isn't the district attorney charging these people with embezelment and elder abuse? Please print the names of the judges involved. It is through their unprofessionalism and disregard for justice that this has been able to become such an easy crime.

[Carleen Warrack]

My elderly aunt was declared incompetent by the Cochise County Arizona court. The family was never
contacted prior to this court action. After she was declared
incompetent, the court appointed attorney crafted her
a new will. The head of the Area Agency on Agency
was named the personal representative, and the
beneficiary to over a million dollars. The charge
for this new will was thousands of dollars.

The Public Fiduciary said the family was disruptive and demanded the family give 48 hour notice before
visiting. Fiduciary spent over $50K to remodel a
700 sq. ft. mining shack, plus over $6,000. for window
coverings. They spent $2,000. on a sleigh bed that
disappeared by the time the family visited for the
second visit. No one had a clue where it went.
The court would rubber stamp the accountings which
were always late until the family demanded an accurate
accounting.

People working in these offices have full access to
the old peoples homes and there is not even a back-
round check .
Over 30 animals were disposed of. The court allowed
one of them to have an autopsy.
The bottom line is, if you have elderly relatives,
keep your eye on them, and do not allow the agencies
to take over.
They are only in it for the lucrative business that
it is.

[Ella Ekwall]

My Aunt who lived in the State of Az. became a ward of the Court. We had no access to her, everything was rigged to the Fiduciary and the full time nurse taking care of her. They had a will made up with thier attorneys. These people took total control of her life and finances. We were not allowed any acess to her or allowed any kind of visitation. The woman who got the inheritance said she was a relative, however she was not and never had to prove anything. this group of rogues was very unscroupulous. We fought long and hard. We hope other people do not have to go through all of this kind of thing. They are like vultures looking for innocent prey. Ella Ekwall

[Abby]

My friend, "Mr. Q", became the emotional victim of his bank, his former co-worker, and the social service agent assigned to protect him. These three entities operated conjointly --each in their own interests, but benefiting each other mutually, causing him great sadness in his final year of life. The bank employee churned his accounts to enhance her employee record and the bank's branch performance record for adding accounts. When Mr. Q. complained and became suspicious they might slso be siphoning off his money, the bank cut off his access to his funds and called in the social service agency on the pretext of elder financial abuse. The social service agency had just received a sizeable ($%00,000) grant to investigate elder abuse and hoped to charge one of Mr.Q's professional friends with elder financial abuse, garnering headlines for the agency. The co-worker, who was department chair for Mr.Q's former employer, had recently learned that Mr.Q was not leaving half his estate to the college department as the department chair had expected. Angry, he had sought to thwart Mr.Q's efforts to update his trust. Now, he joined with the bank and the social services agency, seeking to take over Mr.Q's assets. He declared to Mr. Q that he was going to liquidate his assets and invest the cash in the stock market. Mr. Q was angry and made it clear that he did not want this. To Mr. Q's friends, the co-worker declared he was going to have himself declared conservator, and put Mr.Q in a home.

No longer trusting his former co-worker, Mr. Q. sought to remove the co-worker as executor. The social services agent6 and the co-worker became aggressive adversaries to Mr.Q's intentions.

What's the moral? People have motives, and they lose sight of their proper mission when their own intentions are thwarted. The bank employee wanted to cover her account-churning activity. The social service agency wanted "financial elder abuse" headlines. The department chair co-worker wanted to be able to play in the stock market with Mr.Q's money (with no recourse if he lost it all), and to punish Mr.Q for not bequeathing to the college department what he told Mr.Q. to do. Ultimately, Mr.Q's sister saw all these people's activities working to her advantage and managed to take a bigger chunk of his estate for herself than Mr.Q had bequeathed to her.

[Mimy Wonder]

It seems most money went to these lawyers on both sides. Why don't we discuss their guilt? Surely these lawyers know what's going on. Don't these lawyers feel any shame to make money off these vulnerable old people?

These lawyers are as guilty as the conservators they work with. We should not let these lawyers off the hook.

[Paula]

My mother is 84 years old (i believe she has alzhiemers or dementia), she has a live-in care taker who has taken her home away from her and also sold a business they started together for approx. 258,000.00 which dissapeared and has now isolated her from her family and friends - this caretaker also had my mom sign a deed illegally giving him my house (it took an attorney and 1 year later to clean up that mess he claimed he gave me $40,000.00 which he did not and was proven)- so now he won't let me see or talk to her unless i pay him $40,000.00 it has been 3 years (i don't have $40,000.00 to give him) - this is Extortion i have call Adult Protective Services twice now and they have not done anything about this - life is short and i would love to see my mom and spend some time with her - who else can i call?

[Mitch Mauldin]

With regard to the IRS making a case out of impropriety in guardianship cases, forget it.

In the case with my deceased Aunt, wages that were paid for LPN care, gardner, housekeeper, cook, etc. (oh yes, she had a FULL staff), no 1099's or W-2's were ever filed.

The judge in the case even suggested that this not be brought 'to light'.

[Sue McDonald]

This is absolutely mindboggling! I find it amazing that this sort of thing is allowed to happen. There has to be a way that we, as citizens, can get this situation corrected. This is, to my mind, nothing short of criminal behavior and I am amazed that the courts allow this to happen. I think I definitely do not want to become elderly in this society.

[Roger]

WHERE is the "Terminator" when you really need him?
This is the perfect example of what our governor should be addressing.

Like a majority of Californias, I am thorougly disgusted by the findings of the LA Times (Excellent Job btw!).

If ANYONE trie do that that to my family, I would rather spend 10 years in prison for murder, than allow them to take over those things that my family spent a lifetime to attain.

May those who have done this, rot in hell.
-Roger

[Eric Neshanian]

Yeah! Very intersting! Especially, because when I went and saw the editor-in-chief of the LA Times speak on 11/1, I told him the probate system re: conservatorships was broken and it was not being addressed.

I reminded him that he wasn't even at the Times when the 99 Riverside Probate scandal broke and that the Riverside probate court was still broken. I'm hoping, not holdiing my breath though, the second piece has something to do with Riverside.

Its obvious these reporters were all over the state - they investigated 2500 cases re: profession conservator handlings.

If they missed Riverside, they miss the whole lynch pin for their expose - especially because they reported on the Riverside story fairly extensively after the Press Enterprise broke it. Pretty impressive, if, of course, exposing the Riverside scandal caused Riverside courts or California courts, for that matter to tidy up its ship. But, it hasn't in Riverside. I'm not sure its done anything for California either.

And, there is at least one case down there that is seven volumes long that began in July 1992 that is a thorn in the county's side. Especially since it looks like county agents and agencies are complicit in covering up either incompetence, public corruption, or both. Its RIPIP13111. Conservatorship of Meyer Fisher. Its probably one of the longest ongoing conservatorships in California. Almost as long as the whole Schiavo case.

Boy, did the local press blow alot of pulp up on that case. You would have thought Terry was from good old California. I guess the Wendland case wasn't as sexy.

In Conservatorship of Fisher, in 9/04 the public guardian filed her second accounting It was flawed in several respects - no explanation of substantial property missing, bare allegations supporting fee claims of the guardian and county counsel, etc. The conservatee's spouse objected before the 12/04 hearing and thereafter.

At the first hearing, the commissioner set it out for a contested hearing and directed the spouse's attorney to go to the DA's office and file a report. The attorney was directed by the DA to Adult Protect Services and the PD. The attorney filed an APS matter on behalf of the conservatee but the case was closed after the worker handling the case spoke with the Public Guardian. (A dependent adult abuse claim file is still open in Orange County on behalf of the conservatee's spouse.)

At the second hearing, a judge sitting pro tem said the accounting was peanuts because a potential fraud had been committed against the court and the conservatee from the beginning of the proceedings by judicial officers, attorneys, conservators and third persons and subsequently appoints a referee to conduct an investigation.

Then, another judge, who is potentially implicated in the court-ordered investigation goes into the probate department holds a review hearing without notice or appearance and sets a review hearing re: payment of referee fees in his department. At the review hearing, he alleges from the bench that the courts were without the funds to investigate the matter and vacates the order appointing the referee. Since then, its only got weirder.

Somehow, the conservatee's spouse is capable of objecting to the accounting and forcing a contested hearing but is without standing to challenge the judge hearing the contested matter. What?? And this is the same judge that helped write the conservatorship handbook wherein it recognizes that a relative of the conservatee is able to challenge the accounting. How can a party have standing to force a contested hearing on a flawed accounting but be without standing to insure that the arbiter hearing the matter is not biased against her. Can't have an opportunity to be heard if the court is biased against you.

And, the contested matter re: the Public Guardian's flawed accounting is now scheduled to be heard on 12/16/05. That's approximately 15 months from the time the accounting was filed before approval or denial requiring an amendment. 15 months??? You can fast track a whole civil trial but you can't fast track a contested hearing on an accounting?

Another problem with elder abuse and the state's handling of it is blatant when you consider the Attorney General's Elder Abuse report campaign. The AG is encouraging reporting elder abuse and those handling the claims are doing their Roberto Duran impression "No Mas! No Mas"

The problem with handling elder abuse is not legislating it. You can legislate it to death. New statutes, new protections, new damage levels, etc.

But, if you don't have the manpower to enforce the statutes, the purpose of the statutes, to protect the elderly, is emasculated from the get go. Its hollow.

The agencies designated to enforce elder abuse laws are often understaffed, underpaid and, likely, underqualified to competently handle the surge of cases that are brought to them. Heck, if you tell them a series of facts re: a particular case, are they educated enough to recognize financial and physical abuse. What qualifications do they have? I

ts almost as egregious a scenario as an unqualified, professional conservator. Almost worse, they are regularly employees of local, county or state agencies responsible for protecting the public.

And, even if they are, what incentive do they have to take the case rather than hastily distinguish it from the ones they currently handle as simply a 'civil' matter. So, wait, if you kill me you can go to jail and pay my family for wrongful death but if you steal from me or defraud me, its a civil matter.

Its one of those scenarios where the legislators and executive officers have used the elder abuse issue as a platform to appease current constituents and attract new ones but likely never laid down a workable blueprint for upholding the underlying statutory schemes before promulgating them or had the foresight or vision for efficient use of taxpayer money and effective enforcement of the law after the statutes were enacted.

Fraud, battery and false imprisonment are civil and criminal matters, no matter how many statutes you put on the books.

If the legislators are going to waste all that money and ink doing something to purportedly protect the elderly, then they are equally as responsible as the executive and judicial branches for failures in regulating and enforcing the protections afforder when the executive and judicial branches are incapable of carrying their respective torches on the issue.

[Laura]

I'm relieved that investigative reporting and its revalations are still alive. Thank you, LA Times, for uncovering such an appalling story.

[Ignacio]

I was disgusted by this article. I am a law student and I can not believe the role that judges play in allowing this fraud to reach the levels it has. I really think that contacting your state assembly reprsentative is one of the best ways of making Sacramento aware and accountable. Here is a link to the CA state assembly, please contact you assembly person. http://www.assembly.ca.gov/defaulttext.asp

[Tim]

Just follow the money. Who profits from such cases? Lawyers profit the most.

Corrupt lawyers, conservators, and even judges. The whole system is as corrupt as in third world countries.

This is the result of a society that value money above all else.

[Bonnie Britt]

This story makes my blood boil. I feel like I need blood pressure medicine. Why did three of the past four governors veto legislation that would have provided tougher oversight? Is there evidence the vultures contributed to political campaigns that influenced the vetoes?

What about the judges? Why are they so useless and rotten? How did they get their jobs? Can they be thrown out of office?

Is there a jail cell large enough to hold the vultures?

Terrific journalism, LATimes.

[Rita Hurst]

All three reporters here, knew about the Orange County's Public Guardian's Office Illegally stealing, kidnapping, and allowing neglectful homicides on Victims, Targets , they selected for the CASH. L A Times Reporters on board this series had faxed to them documents(evidence) by Rita Hurst the widow of Everett Hurst proving the FRAUD and Conspiracy and Homicide that the Orange County Public Guardian's Office concealed regarding Everett Hurst. Their young caseworker deputies petitioned the court on x pa rte
for Conservator ship of Everett Hurst, held him in a nursing home against his wishes, and free will after he signed an affidavit in front of 2 government witness that he wanted transferred and returned to his wife, and proceeded on , to allow the staff within the nursing home in La Ha bra California to commit a neglectful and intentional homicide on Mr. Hurst. The homicide was turned into Torture Homicide in the last few months of his life. All the while the public guardian's office sat back and collected huge amounts of fees for their services , which were no services except to misrepresent themselves and to commit a criminal act. The Conspiracy to cover up the MURDER of one of their clients Everett Hurst in whom his wife fought for over a year to free him out from under this false illegal conservator ship in which it cost him his LIFE. Where are the Times Reporters reporting on the corruption inside the Orange County Public Guardian's Office? Rita Hurst the widow , vows to bring in Washington's U S Attorney's office and the F B I in Washington to investigate the Orange County Public Guardian's Office and its co partners
for the Torture Death Homicide of her husband of 21 years Everett Franklin Hurst. Please everyone go to my website http://www.everett-hurst.memory-of.com click on time line see photos next go to sister site
http://yahoogroups.com/group/justicelobbyist

[A Concerned Citizen]

To say that I was sickened by the unethical treatment that these vultures perpetrated on their victims would be an understatement.

There are obviously no checks and balances within this field and I am furious that this abuse can occur. Even more furious that the Judges blithely took the word, in some cases, of someone who would gain financially when awarded conservator ship.

Legislation should be put in place that guards the elderly and monitors conservatives put in place. I plan on call my state representative and congressmen on Monday. I recommend that everyone do the same!

[Tanya]

This is as shameful as our country's war profiteers in Iraq. These judges, lawyers, conservators are all predators. Especially the lawyers that made tons of money from defenseless and vulnerable seniors.

LA times should publish the names of all judges, lawyers, and conservators involved in all such cases. Shame on them! Let them rot in hell.

[Gerald Erikson]

After reading this unbelievable abuse of judical powers, I can only add "Where can one hire some mafia thugs when you need them?"

[Jenna]

These judges are idiots. Yes, it is possible for idiots to become judges. Why not? An idiot became our president.

We should do something about these blood sucking lawyers. We should require these lawyers to attend ethic class like those top White House officials.

[Keith]

Thank God there is still at least one newspaper doing investigative reporting. As an ex Californian (born and raised) I check latimes.com almost daily.

As the son of an 86 year old father, living alone in SoCal, and exhibiting signs of dementia, I really appreciate this series.

[Vickie Travis]

Our entire family was also at the mercy of a professional conservator who should never have been allowed to oversee our father's finances or medical care.

How silly of our family for ever having believed in the legal system of this state.

The conservator bragged to our family how he made sure his own brother received nothing from his mother's estate when explaining the power he had over families so no one would object to anything he did. I guess he thought we cared more about the money than our father. He guessed wrong though because for most of us our father came first.

He made it so several of our father's children and grand children and great grandchildren were not allowed to see their father and grandfather because they had dared to question the conservators actions until after his death.

The conservator waited three days after our father's death to notify members of the family that he had prevented from seeing him. When he finally did inform them he told my nephew that it was his father who was out of town on business rather than his grandfather that had died. I am sure you can understand that those children were deeply hurt by this mans actions.

There were also several far worse and very illegal business practices that he conducted in the handling of our father's care.

A little background checking on this character found that all professional parties he is affiliated with consistently tell a tale of presents, dinners, trips and financial gifts that he routinely provides to show his appreciation for their favors. These "gifts" are not what most business people would consider normal amounts spent but rather extravagant amounts.

We found that for 10 years he has led clients, their families and at least one attorney to believe that he also was an attorney when he is not. Apparently not all attorneys check on the licensing of their colleagues. Currently we are in touch with other families that also have been misled about his being an attorney when again, he is not.

What an evil racket this is and how shameful that the Attorney General's Office of this state does not care enough to become involved in any form of investigation involving a conservator.

[ron Williams]

First I would like to thank the LA Times for telling the world about the dirty little secret that has been around for years. I had the privilege of helping my parents through their last 10 years of life and would see these people who would pray on the elderly in the nursing home where my parents ended up. They would do anything to try to befriend them and who knows what would happen afterwords. I threw one lady out of the room that my mother shared with another lady, when the lady asked if I would help her because the lady would not leave her alone. The staff there would not help. There were a couple of "Lady's" who seemed to have the full run of the place, but no relatives there. I confronted the staff and was told that they just wanted to help. They would find people who were mentally infirmed and "latch on the a person" till they died. I can not confirm exactly what they were doing but by being there 3-4 times a week I could keep an eye on them. My mother told me that one of these ladies had asked her exactly who she had coming to see her when she first arrived and other personal questions but she still had enough sense to tell them it was none of their business. These ladies seemed to "make rounds" of the five story building. Maybe the Times might look into these people also.Thanks again for the article. Ron

[CPAGUY]

It took me 2 months and a great lawyer to become my aunt's conservator in the fall of 2003. After reading this article I am so thankful I made the choice. These vultures should be locked up somewhere. It was a great article and a fine piece of investigative reporting.

[Kate Nolan]

Great report, though sickening. Your article rattled around in my head all day, yesterday, and a couple of things finally shook out:

- Most of the comments express anger with the court system. Court systems all over the country are being strangled to death by tax cuts. While corporate welfare survives and thrives, public services are being starved. I'd be curious to know what the court dockets look like. Can the judges do any better? Or are they going down for the third time, giving each case the minimum attention in order to keep up?

- I think blaming the whole thing on lawyers is a little naive. Lawyers are constrained by the laws. No laws, no constraints. It's bizarre that governors are vetoing legislation to control this kind of abuse. Is it the case that the legislation would cost more money, i.e. lead to tax increases?

- What can a family do to protect their elderly family members? My dad lived in Oregon until 10 months ago. He's an alcoholic who becamse less and less able, or willing, to care for himself. He had moved away from any family members and refused visits. I went nuts wondering why no one could intervene to protect him from himself. When he was finally committed, I was able to convince him to let me move him here so that I could look out for him. Boy, am I glad he didn't live in California! Guess that'll teach me to wish someone could step in.... There was nothing I could have done from the Midwest if some conservator had stepped in and robbed him. I have to wonder why, at minimum, there isn't a requirement that conservators be approved by next of kin?

I look forward to the rest of your series, and seeing whether people's outrage translates into action.

[Douglas Ward]

I hope this series will explain how many of these problems can be avoided by HAVING A LIVING TRUST!!

[E.C. Lapping]

I was curious where Melodie Scott's business was located - the MSN "yellow pages" link provides the address and allows site visitors to enter a "review" of the services provided by Ms. Scott's Conservatorship and Resources for the Elderly. The link below takes you directly to the "review" page. I encourage everyone to write a "review" and especially hope there is someone who can assist Helen Jones in writing one.

http://yellowpages.superpages.com/reviews/userrateit.jsp?SRC=msn&N=Conservatorship+and+Resources+for+the+Elderly&S=CA&PP=N&STYPE=S&CID=99999999990&LID=LKvL5AxrDQbSHTYNrP3%2B%2Bg%3D%3D

I also encourage everyone to write to their local congress people and demand action. I don't know who the California senators are but in Arizona, they are Senator Jon Kyl and Senator John McCain ... the links below go directly to their government web sites where you can email them directly.

http://kyl.senate.gov/

http://mccain.senate.gov/

[Vicki Mason]

Having my mother responsible for my GreatAunt and seeing what she went thru in hiring competant people to take care of her and to protect her assets, I know that this abuse really takes place. Another source of this same kind of abuse is with the handicap people who live in agency housing and the agency is appointed their guardian. The same abuse goes on. In small town America, in Southeastern Oklahoma there is an agency called Ki Bois which is gilty of the same abuse. Some of their clients and their finances are governed by this agency and the abuse that goes on is enormous. Buying things with their money and then these items disappear. Large sums of money spent on such things as birthday parties and then the items bought disappear. Furniture bought for the houses these individuals live in, only to disappear. So much of this kind of abuse goes on. Individuals who have taken jobs with this agency have seen the abuse and have questioned it, only to lose their jobs. These individuals cover their tracts very well and it would be hard to prove the discreptancies but someone needs to be held accountable. I know our legal system is overworked, but when you manage other's money, then their must be a legal accountability. Why isn't the legal system checking these agencies to make sure that individuals are being protected? The families must always be involved. I know it is a time consuming task, but to insure the safety of your loved one and their finances, this must be done.

[Kenneth Horwitz]

I am a physician and wanted to add a couple comments. I care for many elderly seniors critically ill in hospitals. A big problem I see is that the court appointed conservators will do just about anything to keep their client's cash flow alive....even when the client no longer has any cognitive function and painful "heroic" measures would be needed to keep them alive.
Recently I had an 84 year old woman in the hospital. She had suffered a cardiac arrest and had been resuscitated. She was in a vegetative state, with no voluntary control of her extremities or evidence of any awareness of her surroundings. I knew her from previous hospitalizations. She had already been demented before the cardiac arrest. Now, I wanted to make her a "no code" meaning no more cardiac resuscitations. A pulmonologist was seeing her to handle her ventilator, as she was unable to breath on her own. He felt that all the care we were providing at that point was "futile". I wrote a "no cpr" order. The conservator promptly informed me that I didn't have the legal right to do that and ordered me to change the order in a letter from the court. In the end, she spent about a month in the intensive care unit before being transfered to a long term ventilator facility. She died a couple months later after running up a huge medical bill.
In general, it's unusual for conservators to make their clients "no codes". They want them to stay alive as long as possible....no matter what. Many conservators seem to never allow a "no code" order, no matter what. Others are more reasonable.

[Daniel Sullivan]

Thank you for shedding light on this complex subject.
After my mother died, my father was appointed a conservatorship upon my request. I was told that because my siblings and I could not agree on where my father (with early stages of dementia) should be cared for that a conservatoship might be a good remedy to a small problem, We had no idea how big our problems would become with the conservatorship.
I had no idea at the time that this conservator was unregulated, and had such incredible powers. Her attorney mentioned in your story (Mitchel Karasov) became the bully when we challanged her absolute power. He billed nearly $30,000. in legal fees to fight the family in representing my dad's conservator.
It was a sham from the get go- the conservators and attorney work hand in hand. I had no experience with elder law, and conservatorships, and with decisions being made so quickly, there is no time to catch up.
I assumed the conservator would have lisences, an agecy to oversee misuse of power, or even malpractice insurance. I was disgusted by the terrible decisions she made. Most notably, taking my father out of the family home, and community against his will. He lived in the area for the past 40 years, where he had friends and family and relocating him to a locked alzheimers facility 400 miles north in Nevada. Here in our 9000 sqare foot South Pasadena home, my father had us (son and daughter in law) to care for him. We hired an assistant, but he had his dog (of 10 years), independence, visited with family and friends. The conservator tore him out of all this. She had the dog put down packed him up and moved him 400 miles from where she was supposed to be watching after him. Although we fought it- her absolute power was too much to bare, and my father died a little more then a year later, alone 400 miles away from his family, friends, church and his conservator. The promlem with the conservatoship is the absolute power, the abvility of the conservator to fight the family in court using the subjects own money. What became clear to me is what seems like a broad conspiricy (for finanial gain) of all the interconnected people associated with the conservator. I truly believe the attention this article brings to this horrific situation will make notable changes so that others will not need to experience this tragedy.

[mlrock]

This is shocking to those that read this series in 2005. However, this has been going on for years. We had our mother taken advantage of by her financial
advisor and her healthcare providers in the 90's.

They stole jewelry, money and even food on a regular basis from her Los Gatos home. Though you try to carefully interview people to become live-in caregivers for a family member that was a semi-invalid patient, there are no guarantees.

We signed papers to prevent the sale of stocks and not allow investments in second deeds of trusts with her long time financial advisor. We saw the down turn of real estate and questioned his decisions. He had joint durable power of attorney which she had granted him.

Finally, he stopped discussing any decisions he made with us and ignored our written requests about her finances. Her accountant was about to retire and did what he felt was the right thing to do. He called us because her income had dwindled significantly and someone needed to step in to help her before she lost everything she had owned. The court system would not have been able to help as the time frame was immediate and after reading this series we were lucky not to have the courts step in to this situation.

The financial advisor was an acquaintance of the accountant and he noted that several other elderly clients were losing large sums of money. We called people we knew that were his clients as we had lists of investors. We stepped in with permission from our mother to revoke the financial advisors power of attorney and fired him. She lost over $500,000.

We were fortunate that he was not able to seize more of her money. Her health care was an issue which finally required her to be placed in a rest home. We told her financial advisor and her health care provider that they were not allowed to visit her.

When we reviewed her financial portfolio with her accountant we found out he had invested her money in seconds, sold all her Phillips 66 stock, invested in shopping centers that were dilapidated, ill advised real estate building projects and kept moving her money around to make money.

He came to the house every week. He fixed her television, picked up her mail to have her sign checks over to him. His business thrived...what a con artist. She was one of many elderly people that he cleverly made dependent upon him to support his lifestyle. Finally, one by one his clients became wise.

What is the meaning of fiduciary trust when it comes to the elderly? Obviously, the courts do not understand the full impact of this clever business of elder abuse which impacts them monetarily and emotionally which cannot be fully determined in a court of law.

[e uprichard]

In Florida, before anyone can become a legal guardian, the person in question is interviewed by an outside, independent, court-designated attorney to determine their competence. This prevents exactly what is depicted here. Why doesn't California do this?

[tony]

how can we stop these scum-bags?! these vultures need to be stopped and punished for what they've already done.

[Minda Wood]

Amazing what the human race can do to deaden the soul. Unfortunately this raping of the human sprit and dignity goes on in family appointed guardianship as well. My poor Aunt Ethel had more then $1.2 million dollars in her bank, yet her own sister left her with only $200 dollars in the account of the home they put her in. To my cousin’s horror, after visiting her at a home, sickened he felt when he saw his grandmother disheveled and unkempt .When he asked why her toe nails were so long he was told that her sister said there was no more money. Except the money she was handing down to her daughter her grandchildren and herself. I was compelled to write after reading this article. The people that worked on this story are the voice of these dear sweet souls... Disgusting as this is. Our elderly are becoming more vulnerable and face the likes of a new breed of shysters. This is also happening within families. There must be something, or some decent honest originations to help all the elderly form being swept under the carpet and in some cases rolled up in the rug..Let me know what I can do to be part of a voice for this generation that has left us so much.

[Ken Castro-Oistad]

To the writers of this article: My father, Freland Allison, died in 1991. For the past 3 years of his life, he was taken for all he was worth by this Melodie Scott monster. Whatever your article can do to take this witch down, I am for it. She is a parasite, in the truest sense of the word; and for what she has done to elders around the southland, she belongs in the darkest, deepest prison cell.

[Ryan Daniel]

These people are horrible. My own parents are reaching an age were I am concerned for their personla health and well-being, and to find out that a perfect stranger could take complete control of their lives is more than frightening - it's abhorrent. I have rarely seen what can be simplisticly called evil among my fellow human beings, but I beleive that this article shows this in stark detail. Such cruelty should not be ignored by the courts or our elected officials. Rather than spend another 50 million on a special election, why doesn't our "esteemed" Governor try tackling some of the real problems of our state, such as the leeches described in this article?

[Lori]

Appalling and more than sad. I have written my assembly persons and will contact my senators. Regulation should be put in place to oversee the misuse of the total power given to conservators, judges, lawyers, etc. who surreptitiously sweep in and greedily swallow up a persons life to satisfy their self-serving pitiful lives.

Consequences for this abuse must be mandated. This is a violation of civil liberties and justice.

Lori

[Gloria Briganti]

Reading your expose this morning really tore me up! How can these leeches of society be stopped? I do intend to contact my Assemblyman, congressman and senators regarding your excellent article and see what kind of restrictions can be placed on these bllodsuckers. I say jail them all, judges, lawyers, conservators and who ever bleeds these elderly. I'd like to find out where Helen Jones lives and rescue her from these low lifes.
Gloria Nov.13, 2005

[Callie]

Why have THREE OUT OF FOUR of the past California Governor's refused to sign legislation that would regulate this industry?

What is the BASIC MINIMAL TRAINING and CERTIFICATION one must have?

Why have the judges who rule in these cases, preferred to OVERLOOK the living's wishes when it comes to challenging conservatorship? What does the JUDGE have to lose by enforcing the will of the people? It seems to me that there are judges out there who are probably getting KICKBACKS, GIFTS, VACATIONS and other things because they show such a blind eye with alarming consistency.

Conservators deserve the scorn they are going to get after this series of articles.

[Started]

As demonstrated at http://www.FamilyLawCourts.com/judging.html, The California Commission on Judicial Performance, protects these types of judges...as does the legislature; seen at http://www.FamilyLawCourts.com/burton.html

Our tax dollars at work. Meanwhile Senator Boxer is touting her new book. She made time for that.

[Lisa Shoemaker]

Thank you for this article! You don't have to be a professional conservator with many clients, if you can find one very wealthy one! My friend had contributed a large amount to a charity. Someone at the charity introduced her to his friend, who became her convervator. They convinced her to set up a charitable foundation; the convervator and his friend were trustees. Her will was changed to leave everything she owned (millions) to the charitable foundation. All of this was approved by the court! He isolated her by screening her calls and mail. When her dementia became so advanced that she couldn't remember me, he stopped my visits.

I hired an elder abuse attorney. We were unable to fight the probate court for the reasons stated by "advocate" above. I wasn't able to see my friend during the last years of her life. The system is so corrupt; it broke my heart that I could not help my friend.

Please now provide your readers with ways in which we can fight back! This must be stopped. Thank you.

[Marshall]

Please let us know the outcome for Ms. Jones. I read that the hearing is on Dec. 2 and I am anxious to know the results. Our courts have failed us if this is going on. All these profit companies should be investigated NOW! How many others are victims. I have a 93 year old mother and this could happen to her if I don't get Power of Attorney today!

[Frank Spaeth]

I am horrifed, disillusioned with our court process, and angry that elderly people are leagally made wards to a stranger so easily and without representation. I am sure there are many honorable conservators that contribute a valuable service, but at what cost? Please detail for those of us that are so outraged at this legalized abuse what we can do to help establish strict controls over the conservators and the judges that so easily give them absolute power of the victims.

[linda gorman]

As a nurse who works in Hospice and Palliative Care, I hope you will be addressing how end of life is addressed for patients who are under a conservator. In my experience patients with advanced terminal illnesses are often denied good end of life care because we health care professionals must go to the conservators to make decisions re resuscitation, feeding tubes,etc. In my experience many conservators refuse to make these decisions often leading to prolonged suffering for the patient.

[DMcLoughlin]

This situation is a travesty and such an incredible violation of our precious civil rights. Our legal system is failing us. I have sent this article to my children to make them aware of this situation. I hope our legislators are reading these articles and also educating themselves of this outrageous situation. I too intend to send this along to my elected officals.

[grace bryant]

I AGREE WITH MAURICIO - THERE ARE MORE PROTECTIONS FOR ANIMALS THAN FOR OUR ELDERLY CITIZENS. I'M UPSET THAT OUT SOCIETY ALLOWS THIS TO CONTINUE. IT NEEDS TO STOP NOW. HOW DARE THOSE CROOKED CONSERVATORS STEAL FROM THOSE THEY ARE SUPPOSE TO PROTECT. ITS DISGUSTING. I WISH THERE WAS SOMETHING WE ALL COULD DO TO HELP THOSE POOR ELDERLY PEOPLE - THANK GOD MY MOM HAD FIVE KIDS WHO WERE THERE FOR HER AND SHE PASSED AWAY BEFORE THE COURTS COULD TAKE OVER HER AFFAIRS. grace

[John Franklin]

And the worst part is that the AARP calls Melodie Scott "The Lifesaver."

http://www.aarpmagazine.org/people/Articles/a2003-11-19-lifesaver.html

[Mark in Indio]

If you want to reduce abusive conservatorships, eliminate the emergency conservatorship hearing. 90% of abusive conservatorships start with these types of hearings, with no opposition present other than the petitioner.

The problem starts and ends with the Probate Courts and the incredibly lazy judges that sit on Probate.

[Mark]

It's only a matter of time before we all find ourselves a legal move away from similiar circumstances. I hope this desperately needed article stirs up a storm that these judges, lawyers and "conservators" will never recover from. Does anyone know where Helen Jones' case will be heard on Dec. 2? We should show up and keep shining the light of public scrutiny on this until it improves, a case at a time if need be. Governor, here's a chance to "work for the people of California", the people that built California.

[DR. Louis Nitti Jr.]

My sister Hope N. Cook, now 81 years old was taken over by Melodie Scott as conservator last year. She had sold her five acres but due to a memory lapse was unsure of the transaction. So she went to a ruthless attorney John Rager in Fontana and he saw in her a perfect patsy for a conservatorship to line his own pockets and those of Scott.
Thanks to my own efforts and that of Marjorie Mikels
an attorney I knew about, we had the case dismissed. But it was mainly because of the arrogence and hubris of the conservatorship that we won. Besides, the judge finally realized that with so many lies, falsehoods and blatant mistakes, such as not notifying my sister of the original hearing, not obtaining a psychiatrists report,etc. he himself would appear to by culpable if it all blew up.
Rager convinced her (without my knowledge) that a conservatorship would be beneficial. When I found out, I informed my sister and she was apalled. It was then I obtained Mikels to fight it. She had fought another such battle and won. If you wish me to write up the story, I will with lots of documents
and I have lots of material on the case. I was warned about the conservatorship by Scott herself who called me (My sister gave Rager carte blanch over all of her business and private affairs) one night and scolded me about my sister's living conditions etc. That night I informed my sister that a conservatorship took control of all her money, assets, etc. etc. She was shocked & appalled.
We called Rager and he said "Oh this is voluntary, no problem, if you don't wish it, that's OK." As for myself, I didn't trust him so I immediately wrote a letter quoting him and signing it as a witness for my sister. FOUR DAYS LATER THEY HAD FILED AND WON A TEMPORARY CONSERVATORSHIP OVER MY SISTER.!!! We felt immediately that judge Gafkowski was crooked in view of how fast it went through without my sister being informed of the hearing, etc.
(Rager claimed she was able to come but decided not to which was a flat lie -- perjury!)
Well, it was pure hell from then on. My address is
Dr. Louis Nitti Jr. (Dr. of Divinity) AA - BA -MA Psychology - 9030 Sierra Ave. Suite N Fontana, CA 92335 - (909) 355 7367 or (909) 822-1847 home.
I have tons of material and this is only the tip of the iceberg. As noted in the LA times articles, yes
indeed MONEY WAS AT THE ROOT OF IT.
My sister had sold the land for $600,000 and they not only wanted to get a hold of that but wanted to sue myself and the developer to whom they sold the land for double damages, claiming that we used "undue influence" to sell the land at such a low price. (which we established was untrue)
Eventually my sister went to Kaiser psychiatrist and received a certificate of her competence, which in fact put to rest the claim by Scott that "any competent person would know Ms. Cook cannot take care of herself," etc.
These people are vicious cruel, ruthless predators of the worst sort. In fact, they sucked in our own attorney who knows very well what scum they are, and
she turned on myself even after we won the case.
Talk about a nightmare! Again, I have tons of material and would be glad to write up a full report for you. sincerely Rev. Louis Nitti Jr.

[Terry Utterback]

I too was appalled to read about these greedy parasites and the judges and attorneys and agencies who abet them in these criminal schemes. I too would like to have the names of these judges and attorneys published since they are the "court of last resort" for victims and their families. I will contact my congressmen and senators to find out why legislators are not motivated to investigate these conservators and require these people to be regulated and licensed and accountable to the courts and to the families for their care.

[Rosa Barajas]

This article left me dumb founded. I am ANGRY to know that the court system and its judges can be so IGNORANT. Knowing that anyone can just take over your life with no regard to your feeling or wishes. We work all our lives; make many sacrifices by working long hours in our youth to build for our future. In hopes that we may live comfortably once we retire, not to have a perfect stranger dissolve our savings away. It is imperative that WE make it clear to all especially love ones not to sign anything with out first reading and understanding the consequence. Let's get the word out and put an END to these VICIOUS SCANDRALS. Enough promises from our governor / government, we need to hold them accountable to put in place laws that will protect US, not those Filthy, Conniving Greedy RATS that call themselves conservators.

LA Times: Thank you for bringing to light important issues as these. Please post reference materials where we the public can go to for research and protection so that we can stop these violators. Also please post where and when Jones next court appearance will be and we will be there to support her and to have our voices heard.

Appalled, Rosa

[Guy B. Jones]

Great article. Congratulations to the reporters for a well-written and relevant piece of journalism. I've rarely read an article that was as alternately terrifying, tragic and fascinating at the same time.

There are always going to be people who prey on the assets of the elderly. What makes the conservator situation so appalling is that some of these people are so egregiously breaching basic fiduciary duties to their clients, doing so in the guise of an "official" capacity and getting away with it to boot. If a lawyer pulled what some of these folks have done, he/she would be disbarred in a flash and likely face criminal charges. So why the lack of oversight? How has this slipped under the radar?

It would seem that the courts and the State have been greatly remiss in this matter; the former for failing to adequately enforce the few safeguards in place (either out of incompetence or a desire to speed up caseloads) and the latter for failing to establish adequate regulation and procedural guidelines. It's up to the legislature to deal with this; let's hope a bill gets created to deal with the situation in an effective manner.

[Frank]

Most of the anger is at these conservators but it's really the judges that are at fault. Not only are they not doing their job, maybe they're too busy, but it sounds like they're basically involved in crimes themselves. I live in Calif. and it doesn't surprise me. Government workers get pensions and they're not expected to be greedy but here they certainly are. Some of the judges involved in this should be investigated and criminally charged.

[KJD]

After reading this first installment, I am going to have my mother send the bulk of her money to England, where we have most of our relatives. The money can be deposited there, under my aunt's name. Seems like the thing to do is to get as many assets out of the country as possible. After all, we have plans in place to get our 23 year old son out of the country if that moron in the White House reinstitutes the draft - might as well do the same thing with my mom's assets.

This country is truly in decline, and greed is at the root of it.

[Ella]

I wish to add to my previous comments. Family members and myself travelled a great distance to see nt Aunt in AZ. We were allowed to see her for a very few minutes on the first vist, after that were told to make an appointment, which was never allowed. We could not see the Aunt without the nurse or other person from the Fiduidary's office being present. We were told not to take any pictures. Also, pictures at my Aunt's home, which ment nothing to anyone, except family members were not allowed to be taken. i suppose they were destroyed. they were very old family photographs. We were treated vert badly. the fiduciary's office would buy flowers for the Aunt, and pay for them with her money. they would take her shopping and buy like 12 bras for an elderly lady. they would make receipts on little pieces of paper to suppossedley keep track of her expenses. this was a terrible experience. thanks for your great artice.

[Michele Williams]

Melody Scott and I were friends for about ten years before I accepted the job working for CARE. I was working as a Courtroom Clerk. At Melody Scott's invitation, I quit my fourteen year job with San Bernardino County and went to work for her as her Administrative Assistant at $25.00 per hour. It lasted for four weeks until she fired me with no warning, saying "it just wasn't working out." Looking back I guess my continuing connections to people in the Court system and my naive but outspoken honesty were what was really not working out. I remember saying stupid things like, "Gosh, these people save their whole lives and then $350,000 is gone in just a few years." Boy was I naive!! I actually thought it was a chance to use my college degree in Sociology to get into a field and help people. It wasn't about helping people at all. It was pretty much only about money. She would come in to the office in a really bad mood after having stayed up late doing the books and call these staff meetings and yell at her staff, (several of whom were family members) about not billing enough. "You guys need to pound that billing!!"
Fortunately I survived. I went back to school, have since gotten a Master's Degree in School Counseling. I was able to resume my employment with San Bernardino County.
Fifteen years later, it is so gratifying to see the spotlight finally being shined on this "profession," exposing it for what it really is.

[jreed]

I was so disgusted by this article i wanted to call up these greedy pigs, i will not forget the names of MELODIE SCOTT consevator or the greedy little bloodsucker FRUMEH LABOW conservator, there is a special hell for people who display such evil.taking advantage of seniors. PLEASE EVERYONE DO WHAT YOU CAN COME DEC 02 to help helen jones, and write your senator express your disgust, its amazing this can still be happening in a state like california

[Joanna Poppink]

I agree that this is a horrible situation where
adults can be "kidnapped" out of their lives.

Could the Times please post a list of the names and geographic locations of all judges who grant conservatorships?

Perhaps if the judges knew that they would be held accountable to public opinion when granting these requests they would be more careful and considerate in making fair and reasonable decisions.

[Patrice Messina]

My heart broke reading this story. Sadly, with the youth-centered atmosphere prevalent in America, I can understand how cold, calculating, bloodsucking opportunistic people like Melodie Scott live off the elderly. As she zips around in her shiny Jaguar paid for with the hard-earned blood, sweat and tears of the elderly, one can only hope that karma will come back to bite Ms. Scott in her well-fed derriere.

The other major villains in this piece are the do-nothing addled judges. Are they getting kickbacks from these paid conservators? What’s the deal with these brain-dead judges??? Time and again I read about judges who, without a thought crossing their furrowed brows, blithely gavel away decisions on peoples lives. What is WRONG with these JUDGES??? I have witnessed first hand a judge order a formerly battered child about to be adopted by his loving foster parents, actually force one more face to face meeting with the drug addicted biological mother before terminating her parental rights. That 4 year old was so upset by the visit he went home and started banging his head on the wall and bedwetting, habits that had stopped once he was safely ensconced in a loving environment. And routinely they offer up the same uncaring decisions with the money and care of the elderly. Despite the first hand accounts of Helen Jones’ neighbors and legal counsel a judge continues to let her suffer under the dubious care of Ms. Scott as well as many others suffering the same fate. This is a disgrace in America and California. Now that this is out in the open, what CAN BE DONE to stop this abuse? It’s not enough to write an expose series of articles about this – someone please come up with a solution. What do we, as the public, do about this? Go to the polls in the next election and vote out every seated judge? Please offer some solutions, because this has to change. If we do not protect the elderly, just wait until we all enter our "golden years". And I hope Melodie Scott thinks about THAT as she pushes 50. Someday, Ms. Scott, you and people like you, will hopefully suffer the same fate as Helen Jones if nothing is done about these conservators dictatorial powers over helpless lives.

[Mitch Mauldin]

With regard to contacing Jon Kyl or Senator John McCain in Arizona, forget it. In the words of Jon Kyl's secretary when she received my letters, 'this is like sending the fire department instead of the police'.

Let me tell you this, all of these folks are great, old, friends with many of the so-called 'advocates' for the victims in guardianships.

The office of the Attorney General in Az is not much help either, nor the Governor. They are all just 'real sorry'.

I repeat, you are on your own. Keep your elders safe by keeping in contact with them.

In Arizona, it is not uncommon for new Wills to be written AFTER a person is declared incapacitated/incompetent. So all of you who plan on going to Arizona to retire, in any cute, charming little towns, make sure you have your affairs in order.

The elderly are huge cash cows for these places.

[RB]

Thank you for researching and exposing these despicable acts by 'supposed' professionals - judges, lawyers and conservators pretending to be concerned about the health and well being of their elderly clients. I hope your work and subsequent coverage also includes an examination of the segment with which I am (unfortunately) most familiar - so called 'loving' family members as conservators. Some are just as corrupt as the independent, opportunistic, dishonest men and women in today's article who lust after Conservatorship appointments. Though the subject is personally distasteful I look forward to reading your next three installments and to hearing about actions toward real reform.

[jreed]

also,,,,,,interesting to google frumeh labow...she does all of her cases with attorney mr. hankin, review the cases and fees they are awarded, it is truly disgusting, the picture of her in the los angeles times just filing through some ones personal effects "looking for evidence of cash" something of value....stays in my mind and is truly sickening, and then "she decides that the widower cannot return to his apartment, as the driving distance to her office is not convienent"....she is evil, pure evil

[Pamela Wells]

I am very familiar with the larceny that goes on regarding conservatorships. One thing the writers failed to point out is, once a person has been legally declared a conservatee, that person loses his/her right to enter into contracts, including retainer contracts for an attorney's services. Therefore, even if the conservatee wants desperately to overturn the conversatorship and has the money to hire a private attorney towards that end, the law will not permit him/her to hire anyone, let alone an attorney who will fight the conservatorship! For this reason, Judges do not have to acknowledge an attorney of a conservatee.

Nice little Catch-22, eh wot? This giant scheme has thousands and thousands on the take, and there are absolutely no safeguards against fraud and abuse. None.

Pray you don't have any money when you get old, because the vultures out there are ready, willing, and able to take it all away in a nanosecond. And no one is doing anything about this. Too many people are on the gravy train!

I ran into this in 1986 while attempting to assist my wealthy elderly girlfriend in getting out from under a conservatorship imposed by her greedy daughter, who tried to kill her on numerous occasions and finally just threw bottles of booze on her and had her kidnapped and brought outside of her home county, L.A. County, to Santa Barbara County, where no one could find my elderly friend in a home for elderly folks who are "demented." My friend was legally blind from cataracts, and the daughter forced her to sign the conservatorship papers (which my friend could not see) without explaining them to her. Thereafter, the greedy daughter hired (with her mom's money) about 20 lawyers, realtors, bankers, and doctors to bolster her case, and when the money at times didn't persuade these folks to testify against the mother, the daughter would offer her considerable personal charms to the professional, who would thereafter gladly testify against my elderly lady friend.

I am a longtime legal assistant. Through 2 years of my perseverance, my elderly lady friend finally got out from under the conservatorship. But in order to do all that work, I lost my job in a law office. At least my elderly lady friend died "a free woman," as she had wished. This was able to be accomplished simply because someone had made a mistake, and it turned out to be in my elderly lady friend's benefit -- a mistake gone good, if you will.

Of course all the governors have vetoed any tightening of the rules for conservators! The conservatorship industry (and as your article pointed out, it's a BIG industry) most likely contributes mightily to these politicians' election funds. Duh.

Your article is a wakeup call long overdue. How many more decades must Californians and all Americans have to go before this shameful state of circumstances is prevented? Representatives in the legislature? Hah! We have no true representatives! The politicians "represent" big industry, and that is all. I think everyone knows this by now.

[Martin Frankel]

How much have the conservatores donated to the judges reelection campaign?

[Candace D'Addario]

Questions for the reporters:

1) What is the process for naming a conservator/guardian for an adult in the State of California? What forms are filed with the court? Does the state appoint an attorney to represent the adult in question at a hearing which is open to the public? Does the court make use of an investigator to visit and interview the adult in his/her home?

2) What is the role of Adult Protective Services in these cases?

I think it would be helpful if the reporters included this kind of information in the future articles.

[K.W.]

I'm fourteen years old, and i dont usually read the newspaper, but the picture of Helen Jones caught my attentiont, and so I decided to sit down and read teh article. I am absolutely disgusted by the situation that she has been put in. How can a judge put a completely independant woman into the custody of a perfect stranger. I am appalled that this kind of thing can happen. Is there anything the public can do to help?

[PG]

Everyone in my family died in the last three years, my Mom, Dad and grandmother. I was surprised by the lack of concern from a lot of people towards the three of them. I was more surprised by the flat out aggression. Just raw naked aggression like out of a jr. high playground. Especially one of the 340 dollar an hour ivy league lawyers my mom hired. He was smirking a lot of the time and he ended up leaving off a common document my mom needed to sign that would have cost my dad 30000 if he ever sold their joint tenant home. My dad died before that became an issue but still... I think the Mayberry RFD world where people are extra nice to an aging Aunt Bee type is really fantasy. I think people go after weakness. Not all people but a surprising number and elderly and sick people bring it out in them. The solution is not education but threat of punishment. These 40 or 50 something professionals have more than enough education and exposure to societal norms. They need something else to worry about like losing their freedom or at least their paycheck.

[Mike Smith]

If anyone wants the true dirt on Frumeh Labow, they need look no further than probate case SP004394, the estate of Phyllis Morando. Mr. Roy Morando survived his wife but Frumeh succeeded in having him legally declared "pre-deceased", evicted from his home, and deprived access to his 1.5 million dollar estate. He has since passed but I'm still alive and have boxes of interesting info. regarding this abhorent act of cruelty imposed on an elderly man afflicted with "Senile Dementia" (per his death certificate).

[mr]

I hope future articles WILL print lists of Judges, attorneys and conservators who are stealing, lying and abusing the elderly. What exactly should be do to get the Governor's attention (when he returns from China of course).

[Buzz Anderson]

This is DISGUSTING!!!

I want to know the names of the judges who allow this travesty to happen. Aren't they all up for elections at one time or another??? The TIMES needs to print their names and court jurisdictions AND THEN VOTE EVERYONE SINGLE ONE OF THESE SCUM JUDGES OUT OF OFFICE!!!!

People like Scott need to be taken into the desert, forced to dig their own, then shot. AND I'M A STRONG ADVOCATE AGAINST THE DEATH PENALTY. But I'd make exceptions for these scum.

More importantly.

EVERYONE click on those links provided to contact your state representatives and let them know how you feel. If you can take time to read this and take time to post, then you can contact your representative. By the way BOXER is not a state official so lay off.

They can't ignore EVERYONE!!!

The Times needs to post the NAMES, ADDRESSES AND PHONE NUMBERS of these conservators. EVERY SINGLE ONE OF THEM!

I am so ANGRY I can't see straight. Taking advantage of the elderly should be a capital offense and I can only hope Scott ends up in a horrible auto accident in new Jag and takes weeks to die a slow painful death. A VERY PAINFUL DEATH!!!

I also hope all of you post this link and spread it around the internet.

The AARP also needs to get involved.

This is APPALLING.

Your article, as good as it is, does not even begin to tell the horrors of conservatorship. I was a victim of Sarah Kerley, who was mentioned in your article. She was recommended to me by an officer of the elder abuse section of the Glendale Police Department, who had also recommended an attorney who later (and unethically, I now understand) agreed to represent us both.
In the short time she was conservator of my mother before my mother's death, she managed to give away ALL of my mother's possessions (which in her will and trust were to be left to me, her only child) and used her house to hold estate sales, with items from other estates. My mother would never had allowed this, if she had been aware of it, and I was never informed of it.
In fact, when I turned over the keys to my mother's house, I mentioned that if the time came for it to be emptied, in order to rent or sell the house to provide my mother with liquid funds, I had a friend with a housekeeping business who I would want to come in and help go through things and clean the house. Ms. Kerley informed me that legally and ethically she would have to get three bids before she could choose someone. This seemed fair, and I was content, as my friend said she would do it for free. I had also told another friend who is very involved with her ward of the Mormon Church that she could have all the things that would be given away - extra kitchen articles, towels and bedding, etc., and she volunteered several of her fellow church members to help. Ms. Kerley, however, never informed my mother (who was in a care facility) or myself about her actions, and having declared that there was nothing of worth in the house, had an estate sales group not only dispose of the items in "estate sales" but also paid non-specific (unlicensed) people to do repairs. The pool at my mother's house was particularly costly, and had garbage and cinderblocks in the bottom of it! (There was nothing in the pool when I turned over the house to Ms. Kerley.)
There were no expensive antiques or equipment in my mother's house. There was a fairly new Sony tv, a new microwave oven, answering machine, and new furniture in the living room and bedroom. But my mother came from Greece, and had brought many keepsakes with her. These were disposed of, as were all my family's photos, my mother's recipe books, and handmade shawls, bedspreads, etc. made by her mother.
All these are irreplaceable, and made it difficult to place a value on when I took her to court. I ended up settling in June, after some heart-to-heart talks with my new attorney, who convinced me that I would be lucky, at best, to break even considering the court costs, the cost of paying Ms. Kerley and her new attorney, and my attorney's fees.
Your article mentions that "Ms. Kerley did not respond to requests for comment." Not surprising given my experiences with her. My mother's house was finally sold in a probate auction by a realtor of my choosing - a neighbor and friend - and Ms. Kerley was difficult to contact and uncooperative. In June I settled my case with her, and she was to pay me the bulk of the money being held in trust. She never did. My attorney finally filed for contempt of court but Ms. Kerley was conveniently absent whenever attempts were made to serve her the papers. Instead she did finally send me a check in late September. However I am now out the court costs of filing, as well as attorney costs for having him draw up and file the papers.
The article's excellent advise, such as getting an advance health care directive, designating a durable power of attorney, establishing an advance conservator if need