San Francisco
Saturday, July 2, 2011
Conservatee in SF Probate Court Since 1988
PCN-88-209924
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This person was placed in a conservatorship in 1988...23 years ago.
Guess who's the attorney for this conservatee?
First name begins with L...
Last name begins with S...
Guess who's the attorney for this conservatee?
First name begins with L...
Last name begins with S...
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| While all the other Heifers filled buckets by the quart, Larry found the cash cow for the probate court. |
Friday, July 1, 2011
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| San Francisco Conservator Abuse |
San Francisco Superior Court PTR-07-290580
Types of California Restraining Orders
3 years civil restraining order
5 years domestic violence restraining order
10 years criminal restraining order
The Court files are not available for public viewing and there is no way to determine why a ten year restraining order was issued against Caridad Walsh. Why did Elizabeth Adler file exparte motions to keep Caridad away from the proceedings? Why is there a 10 year restraining order? Caridad Walsh is NOT the criminal! Why did Owen Walsh die in Vallejo? Why all the secrecy, Ms. Adler? What are you trying to hide?
Thursday, June 30, 2011
Fact or Fiction?
92 year old woman who had been a successful real estate broker in San Francisco for many years, trips, falls and breaks her hip. This woman who lived in San Francisco for over 50 years was in good health, managed her own finances, had a savings account, no liens, paid all her bills and provided for her own needs.
The woman is taken to a local San Francisco hospital and it is determined that she needs hip surgery. After surgery, a hospital employee illegally obtains her medical records, a unauthorized doctor examines her and it is determined she needs to be in a conservatorship.
Probate attorney who is no stranger to this blog and a professional conservator with hundreds of cases in San Francisco somehow learn of the woman's situation and file for conservatorship.
The 92 year old woman was told she could attend the conservatorship hearing but no one showed up to bring her to the proceedings as was promised.
The 92 year old woman ends up in a low quality "retirement home" during which time the probate attorney and conservator spend her life savings. Finally, after nine long months, the court determines she does not need to be in a conservatorship.
However, her savings are gone and she has $30,000 in liens plus 5% per annum for the "professional" fees of the conservator and probate attorney. Woman states attorney and conservator's actions are despicable!
SF Superior Court
CGC-03-426264
Betsy the Probate Cash Cow
Hello my name is Betsy, and I’m no ordinary cow,
Wonder why I’m special? Well, I will tell you now.
When I was just a little calf, my mama said to me,
Betsy, you're very special, just you wait and see.
While all the other Heifers filled buckets by the quart,
I soon became the CASH COW of the probate court.
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| Betsy |
Ways a Conservator Breachs Their Duty....
Below are some examples of how a Conservator of the Person can breach his or her fiduciary duty...
The Conservator of the Person breaches their fiduciary duty by denying a conservatee their legal rights. These legal rights include:
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In this case, the Conservator of the Person breaches their duty when they move the Conservatee without the Court's knowledge or approval and when the do not schedule a hearing with the Court to demonstrate the preponderance of evidence needed to move the Conservatee out of their home. Probate Law in California is very clear regarding a Conservatee's right to live in their own home!
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In closing, if faced with a Conservatorship run away from it as fast as you can. If you have no alternative but to accept it, research the Conservator and beware of those professionals who offer one stop shopping. For instance, they advertise in-home care services, conservatorships, guardianships, daily money management, etc. One stop shopping is a HUGE red flag since there is no system for checks and balances and the Conservator is then free to do as they please with total disregard for the law and the well-being of those they conserve.
Hope this information has been helpful and that you are NEVER a victim of a Conservator of the Person who breaches his or her fiduciary duties.
You might want to check out this link....
http://sf.blockshopper.com/search?q=Herb+Thomas+%28Trustee%29&classes%5B%5D=City&classes%5B%5D=Development&classes%5B%5D=Neighborhood&classes%5B%5D=Note&classes%5B%5D=Property&classes%5B%5D=Sale&classes%5B%5D=Story&classes%5B%5D=Street
The Conservator of the Person breaches their fiduciary duty by denying a conservatee their legal rights. These legal rights include:
Receiving visits from family members
A very serious breach of duty occurs when the Conservator of the Person does not advise the Court within 30 days of a Conservatee's change of address. Notifying the Court four months after the Conservatee has been moved, for instance, would be a breach!
One of the MOST important duties of the Conservator of the Person is to decide where the Conservatee will live.
California Probate law states:
"It shall be presumed that the personal residence of the conservatee at the time of commencement of the proceeding 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 preponderance of the evidence."
In this case, the Conservator of the Person breaches their duty when they move the Conservatee without the Court's knowledge or approval and when the do not schedule a hearing with the Court to demonstrate the preponderance of evidence needed to move the Conservatee out of their home. Probate Law in California is very clear regarding a Conservatee's right to live in their own home!
The Conservator's Handbook which can be found on the San Francisco Superior Court's website is a "must read" for all conservators, professional or non-professional.
The Handbook states the following:
"When a person becomes a conservatee, he or she does not lose the right to visit with family or friends.
When the Conservator of the Person does not allow visits with family or friends they are not only violating the rights of the Conservatee but they are violating the rights of the family members and friends who are denied visits. The Conservator of the Person has breached their duty.
The Handbook also reminds the Conservator not to isolate the Conservatee. Isolation can happen in a variety of ways. For instance, a caregiver hired by the Conservator of the Person refuses to allow family members to talk with the Conservatee on the telephone. An even more blatant violation and breach of duty would occur with the Conservator of the Person denies visits with the Conservatee's son and granddaughter, for instance.
In closing, if faced with a Conservatorship run away from it as fast as you can. If you have no alternative but to accept it, research the Conservator and beware of those professionals who offer one stop shopping. For instance, they advertise in-home care services, conservatorships, guardianships, daily money management, etc. One stop shopping is a HUGE red flag since there is no system for checks and balances and the Conservator is then free to do as they please with total disregard for the law and the well-being of those they conserve.Hope this information has been helpful and that you are NEVER a victim of a Conservator of the Person who breaches his or her fiduciary duties.
You might want to check out this link....
http://sf.blockshopper.com/search?q=Herb+Thomas+%28Trustee%29&classes%5B%5D=City&classes%5B%5D=Development&classes%5B%5D=Neighborhood&classes%5B%5D=Note&classes%5B%5D=Property&classes%5B%5D=Sale&classes%5B%5D=Story&classes%5B%5D=Street
Coming Soon...
Examples of how the Conservator of the Person can breach his or her fiduciary duty...
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Wednesday, June 29, 2011
Chronology of a Conservatorship
True Life?
One of the children, often times the greediest, decides their parent needs a conservator and then files a petition to become the conservator for the parent.
Months, sometimes years go by and the other children begin to notice that just maybe the most greedy of the children really does not have the parent's best interests at heart.
The other siblings go to probate court in an attempt to have the most greedy of the children removed as conservator of their parent or even parents.
After many probate court proceedings, a "professional conservator" or two is appointed. With two conservators, the estate is drained even faster.
So now you have two conservators, and each of them will need an attorney of their own. The conservatee will also need a court appointed attorney.
Little by little, or very fast in some cases, the conservatee's money...their life savings...is used to pay for the professional conservators and the attorneys.
Then the professional conservators decide that the conservatee needs to live in a convalescent hospital and the conservatee is moved from their home without the court's knowledge. Eventhough the probate code requires notification within 30 days of such a move, these professional conservators and their attorneys file the paperwork at their leisure. Based on personal experience, the paperwork was not submitted to the court for four months.
After the conservatee is moved from their home, the conservators then petition the court to sell the home. The home is sold and the proceeds are used to pay for the fees of the professional conservators, the attorneys, the conservatee's attorney, real estate counsel, litigation counsel and case managers.
Within a very short time, the money is all gone and the conservatee is placed in a Medicaid funded nursing home because the money they saved all their lives has been paid to greedy attorneys, conservators and other "professionals" who prey on the elderly.
Families are destroyed. The elderly die in Medicaid funded, sub-standard nursing home. Loved ones are isolated and often times served with restraining orders by the conservators. Often times the conservatee is denied visits from the family members that love them most.
The conservators then file a petition to end the conservatorship because all the money is gone! They have completed their mission!
If you have any doubts regarding the validity of this scenario, check out....
PCN-07-290276!
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One of the children, often times the greediest, decides their parent needs a conservator and then files a petition to become the conservator for the parent.
Months, sometimes years go by and the other children begin to notice that just maybe the most greedy of the children really does not have the parent's best interests at heart.
The other siblings go to probate court in an attempt to have the most greedy of the children removed as conservator of their parent or even parents.
After many probate court proceedings, a "professional conservator" or two is appointed. With two conservators, the estate is drained even faster.
So now you have two conservators, and each of them will need an attorney of their own. The conservatee will also need a court appointed attorney.
Little by little, or very fast in some cases, the conservatee's money...their life savings...is used to pay for the professional conservators and the attorneys.
Then the professional conservators decide that the conservatee needs to live in a convalescent hospital and the conservatee is moved from their home without the court's knowledge. Eventhough the probate code requires notification within 30 days of such a move, these professional conservators and their attorneys file the paperwork at their leisure. Based on personal experience, the paperwork was not submitted to the court for four months.
After the conservatee is moved from their home, the conservators then petition the court to sell the home. The home is sold and the proceeds are used to pay for the fees of the professional conservators, the attorneys, the conservatee's attorney, real estate counsel, litigation counsel and case managers.
Within a very short time, the money is all gone and the conservatee is placed in a Medicaid funded nursing home because the money they saved all their lives has been paid to greedy attorneys, conservators and other "professionals" who prey on the elderly.
Families are destroyed. The elderly die in Medicaid funded, sub-standard nursing home. Loved ones are isolated and often times served with restraining orders by the conservators. Often times the conservatee is denied visits from the family members that love them most.
The conservators then file a petition to end the conservatorship because all the money is gone! They have completed their mission!
If you have any doubts regarding the validity of this scenario, check out....
PCN-07-290276!
Tuesday, June 28, 2011
Monday, June 27, 2011
Probate Court for Tuesday
San Francisco Probate Court Calendar
Siracusa & Company Cases
June 28, 2011
PTR-04-286717
PES-05-287868
PCN-07-289897
PCN-09-292728
PES-10-293915
PTR-10-294043
PCN-11-294365
PES-11-294641
Light Calendar Tuesday!
June 28, 2011
PTR-04-286717
PES-05-287868
PCN-07-289897
PCN-09-292728
PES-10-293915
PTR-10-294043
PCN-11-294365
PES-11-294641
Light Calendar Tuesday!
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| Larry Siracusa Seen Heading West on McAllister Street |
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