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Guardians of the Elderly: An Ailing System Part I: Declared ‘Legally Dead’ by a Troubled

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Guardians of the Elderly: An Ailing System Part I: Declared ‘Legally Dead’ by a Troubled System Undated (AP) The nation’s guardianship system, a crucial last line of protection for the ailing elderly, is failing many of those it is designed to protect. A year-long investigation by The Associated Press of courts in all 50 states and the District of Columbia found a dangerously burdened and troubled system that regularly puts elderly lives in the hands of others with little or no evidence of necessity, then fails to guard against abuse, theft and neglect. In thousands of courts around the nation every week, a few minutes of routine and the stroke of a judge’s pen are all that it takes to strip an old man or woman of basic rights. The 300,000 to 400,000 elderly people under guardianship can no longer receive money or pay their bills. They cannot marry or divorce. The court entrusts to someone else the power to choose where they will live, what medical treatment they will get, and, in rare cases, when they will die. The AP investigation examined more than 2,200 randomly selected guardianship court files to get a portrait of wards and of the system that oversees them. After giving guardians such great power over elderly people, overworked and understaffed court systems frequently break down, abandoning those incapable of caring for themselves, the AP found. A legal tool meant to protect the elderly and their property, guardianship sometimes results instead in financial or physical mistreatment, the AP found. ″Guardianship is a process that uproots people, literally ‘unpersons’ them, declares them legally dead,″ said Dr. Dennis Koson, a law and psychiatry expert in Florida. ″Done badly, it does more hurting than protecting.″ That danger was… Read More

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The Civil Grand Jury investigation into the Santa Clara Count public guardian

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The Civil Grand Jury investigation into the public guardian, like all civil grand jury investigations in California is coordinated between the Presiding Judge and the County Executive, and records, on county end are maintained by clerk of the board of supervisors. The final report to the Civil Grand Jury investigation is published here: https://www.scscourt.org/court_divisions/civil/cgj/2014/PublicGuardian.pdf The presiding judge in 2014, was the “Honorable” judge Brian Walsh. Captain Ricardo Urena, head of court security reported directly to the presiding judge, who also, pursuant to the California Rules of Court, oversees all the court cases for each department and assigns each of the judges. It was Sheriff Captain Riccardo Urena, who reviewed and authorized Detective David Carroll’s false police report which led to my false arrest on September 16th, 2014. One week before Donald Moody was escorted from premises for reasons tied to same Grand Jury investigation. In Detective David Carrolls false report, he deliberately evaded references to the Public Guardian and corresponding civil grand jury investigation & also, the whistleblower complaint that was filed with the County Executive Office. Records prove that the the public defenders office and Detective David Carroll knew of the details in the complaint , as did presiding judge Brian Walsh as they are cc’d to emails in the whistleblower complaint. Heidi’s attached Mc-410 form refers to policy that mandates that if County Council Attorney is subject of whistleblower complaint, then the investigation must be handled by County Executives office – Not the office of County Counsel.. This placed the County Executive in awkward corner, because if he received and processed the complaint, he would also be handling the corresponding civil grand jury investigation and would therefore, have to acknowledge within to the Grand Jury that the County… Read More

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