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

[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.