The first deficiency is for nurses sleeping while on duty.
The second deficiency is for major inconsistencies in visiting hours policy for terminally ill patients.
Did Herb Thomas breach his fiduciary duty by breaking the law and violating California Probate Code?
1. On the San Francisco Superior Court website, there is a document called Conservator's Handbook. Inside that Handbook on page 45, you will find the following:
"One of your most important duties as conservator of a person is to decide where the conservatee will live....It is usually in the best interest of the conservatee to stay in his or her home."
2. California Probate Code 2352.5 (a) states:
"It shall be presumed that the personal residence of the conservatee is the least restrictive appropriate residence for the conservatee."
"In any hearing to determine if removal of the conservatee from his or her personal residence is appropriate that presumption may be overcome by a preponderence of the evidence." There was NEVER a hearing regarding my Grandmother's change of residence!
Herb Thomas moved Catherine DeMartini and violated California law, AB1288, California Probate statutes and San Francisco Local Rules of Court. He did not notify the court for 4 months of Catherine DeMartini's move to Laurel Heights even though he was required to do so within 30 days.
Catherine DeMartini died in a nursing home. Catherine's worst fear was to die in a nursing home. There is absolutely no reason Catherine could not have gone home with 24 hour care yet Herb Thomas placed her at Laurel Heights Convalescent Hospital and failed to notify the court for 4 months. Catherine's new doctor saw her on Wednesday and she died the following Tuesday. Catherine's doctor of 20 years never saw her after Mr. Thomas became her "professional" conservator. Her new doctor never came back after his Wednesday visit. Nurses sleep while on duty at Laurel Heights. I was there for 6 nights. I know. Would you want your loved one at such a place?
Laurel Heights charges $10,000 per month for a double room!
