Karma

Here's three quotes dedicated to Herb Thomas...



"Sin makes its own hell, and goodness its own Heaven."
-Mary Baker Eddy


"Every action of our lives touches on some chord that will vibrate in eternity."-Edwin Hubbel Chapin


"As he has planted, so does he harvest; such is the field of karma. -Sri Guru Granth Sahib



Guess it's really four quotes!

Laurel Heights Convalescent Hospital...

the awful place where Noni died!

California Probate Code Section 2352.5

"(a)  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 an 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."

Mr. Thomas also failed to abide by the Probate Code that states the Conservator must notify the Court within 30 days of a conservatee's change of address.  He did not notify the Court for SIX months!

Catherine DeMartini did not have a hearing to prove that her home of 85 years was not the least restrictive appropriate residence.  Her private physician and the treating physician at UCSF both recommended in home care.  Shortly after Catherine's death, Herb Thomas, the Conservator of the Person for Catherine DeMartini, started offering IN HOME CARE as a part of his prospering fiduciary business.

Not only did Mr. Thomas violate California Law, he ignored the recommendation of two medical doctors and placed her at a nursing home called Laurel Height Convalescent Hospital.

The Handbook for Conservators published by the California Superior Court suggests that conservators use a check-list when evaluating potential placement in a nursing home.  Some of the items on the check list are:

Have there been any citations?
Have the problems been corrected?
Is the facility certified to receive Medicare?
Is the facility administrator courteous and helpful?
Is there fresh drinking water? 
Automatic sprinkler system?
Fire drills for staff and residents?
Emergency lighting?
How about an emergency evacuation plan?
If a special diet is required, can the facility provide it?
In fact, there is an entire page dedicated to nutrition!

Well, those are just a few examples of suggested questions for the conservator when visiting a nursing home.

I filed a complaint against the nursing home after my Grandmother died and the State of California cited the nursing home as a result of my complaint.  The nursing home also was cited in March of 2011 for several deficiencies.  I will list them now:

LIST OF DEFICIENCIES FOUND BY THE CALIFORNIA 
DEPARTMENT OF PUBLIC HEALTH IN MARCH OF 2011:

1.   The facility did not have a Care Plan that met all of a resident's needs with timetables and actions that could be measured.
2.   Nursing home was cited for dangers that could cause accidents.
3.   Residents were not given enough fluids to keep them healthy and prevent dehydration
4.   They did not employ a qualified dietician nor did they have enough skilled workers to carry   out dietary service,
6.   They were cited for not storing, cooking, and 5. giving out food in a safe and clean way.
7.   They did not have a program to keep infection from spreading.
8.   They did not keep accurate and appropriate medical records.
9.   They did not have a detailed, written plan for disasters and emergencies.
10.   Employees were not trained in what to do in an emergency.
11. The graveyard nurses slept at night rather than tending to the residents.
12. The owner and administrator forced me to leave even though my Grandmother was critically ill.  The visiting policy was unclear and inconsistent.  Ms. Lee deferring to Mr. Thomas to determine if I could stay according to the nursing home's records.
13. The fire alarm system could not be heard throughout the facility.
14. No portable fire extinguishers.
15. Electrical wiring and equipment was improperly installed.
16. Exits were not accessible at all times.
17. There were walls or barriers that prevented smoke from passing through and would resist the fire for at least one hour.
18. Various  construction materials were not approved for that type of facility.

18 deficiencies!  Please explain to me how that God forsaken $10,000 a month place was less restrictive and a better place to live than my Grandmother's own home?

18 DEFICIENCIES!

DID YOU READ THE CONSERVATOR'S HANDBOOK, HERB THOMAS?  DO YOU KNOW THE LAW?  WHY DIDN'T YOU ALLOW MY GRANDMOTHER TO GO HOME TO DIE IN HER OWN HOME?  HOW MUCH HAVE YOU AND YOUR ATTORNEY BILLED THE TRUST?  WELL OVER $100,000?  AND ON THE JOB FOR 18 MONTHS?  SHAME! SHAME! SHAME!

From the SF Chronicle...

Alzheimer's Scam...
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2011/09/29/MNFM1LAQGA.DTL

After my Grandmother's stroke in October of 2010, the doctor's at UCSF recommended in home care, however, her conservator, Herb Thomas, ignored their medical expertise and instead moved her to a vial nursing home.  He not only ignored the doctors, he violated California Probate Code.  He had no right to move her to a nursing home without the Court's approval!

He also had a stomach tube inserted eventhough my Uncle and I had told him of our wishes to have a less intrusive procedure during a family meeting at the hospital.  I taped the meeting.  The Doctor at the meeting agreed with my Uncle and I.  He not only ignored our wishes and the recommendation of the doctor at the meeting, he did not get the Court's approval for this procedure and violated California law once again.

My Grandmother's doctor of many years recommended in home care, hospice intervention and comfort care on January 6, 2011, however, her conservator, Herb Thomas, ignored this medical advice, too.

From January through April she was sent to the emergency at St. Mary's three different times.  Two times she had pneumonia and the third time she was bleeding internally.  During the first visit at St. Mary's in January, the doctor's at St. Mary's recommended comfort care but the conservator once again ignored the advice of the doctors and had her returned to the nursing home.  The staff at St. Mary's was shocked by his actions.

It wasn't until her birthday on April 13, 2011, after her third trip to the emergency that the conservator called hospice...three months after her doctor recommended it.  Hospice then put her on comfort care at the nursing home but some of the nursing staff did not follow hospice's orders.

This article is right on the money!  My Grandmother suffered needlessly so that the conservator and the nursing home administrator could make some additional money.  It is disgusting and absolutely true!

In a future post, I will share the letter I received from the State of California Department of Public Health.  They acted on my complaint and cited Laurel Heights Convalescent Hospital.

http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2011/09/29/MNFM1LAQGA.DTL

More Catching Up To Do...

San Francisco Probate Cases - Week of October 3, 2011:

Monday, October 3, 2011

PCN-96-267681
PCN-99-272164

PCN-04-286351
PTR-05-287746
PTR-05-287786
PCN-06-289234

PTR-06-289446

PCN-08-290940

PCN-10-293424
PTR-10-293653

PCN-11-294453

PGN-11-294563
PTR-11-294907


Tuesday, October 4, 2011

PES-94-262684
PCN-02-283560
PTR-04-286717
PCN-04-286797
PCN-05-287666
PCN-05-287928
PCN-05-288023
PTR-07-290754
PTR-08-291609
PGN-09-293075
PCN-10-293573
PTR-05-288202


Wednesday, October 5, 2011

PES-81-229809....30 years in SF Probate Court...OMG!
PCN-00-273327
PCN-05-286898

PTR-05-287797
PTR-07-290150
PCN-07-290306
PCN-07-290441
PCN-08-291060
PCN-08-291313
PCN-09-292981
PES-10-293100

PCN-10-293112

PCN-10-293276

PCN-10-293393

PCN-10-293561

PCN-10-293573

PTR-10-293756

PCN-11-294357....another probate party!

PCN-11-294454....and another one!

PCN-11-294468....siracusa is the attorney for the conservatee and conservatee!

In Loving Memory...

Doors, Windows and Walls

Quote for the day attributed to the cast of Glee...

"You know that saying, when God closes a door, He opens a window?  Well, sometimes out of nowhere He'll do you one better, and He'll kick a whole wall down."


Emilie Calhoun, Tom DeMartini's attorney, filed a Petition requesting that the Judge order me to pay Tom DeMartini's legal fees....$80,000!  Guess what?  The Judge denied her Petition!  Now, Tom is responsible for his own fees!!  How's that for God knocking down a wall?

A very special thank you to

 everyone at Big Noni's house!

Wednesday, October 5, 2011

Catching Up

Guess I have some work to do....

Below you will find probate court cases for the attorneys and fiduciaries that represented my Grandmother so "professionally":


Probate Court Cases for Monday, September 26, 2011:

PCN-89-213888..........22 years!
PCN-02-283527.....lots of professionals involved in this case!
PCN-04-285845
PTR-05-287517
PTR-05-287635....another break the estate party
PCN-06-288462
PES-07-290336
PTR-08-291936
PTR-09-292421
PCN-09-293056
PES-10-294112
PTR-11-294184
PCN-11-294281
PCN-11-294334
PGN-11-294479
PES-11-294640
PTR-11-294875
PTR-11-294940
PES-11-294964....a lawyer friend of calhoun's
PTR-11-294690
PCN-04-286362


Probate Cases for Tuesday, September 27, 2011:

PES-94-262702
PCN-01-282660
PES-02-283294
PES-04-286593....another home sold
PCN-05-287806...how does Witherspoon & Siracusa get the majority of the conservatorship cases?
PTR-05-287974
PCN-05-288001...good one!  Siracusa and Feder are both listed as attorney for the conservatee!
PTR-07-290410...HAIL! HAIL! The Gangs All Here!!
PCN-07-290499
PCN-08-291202
PCN-08-291701
PES-09-291997
PTR-09-292798
PCN-09-292917
PTR-10-293398
PCN-10-293445
PCN-10-293522
PTR-10-293803
PES-10-293915
PCN-10-293938
PES-10-294124
PCN-11-294287
PES-11-294653
PTR-11-294917
PCN-07-289679...liening the conservatee's property!
PCN-07-278680...liening this property, too...they're husband and wife...a two-fer!


Probate Court Cases for Wednesday, September 28, 2011

PCN-96-267018
PCN-02-283759
PGN-03-285147
PCN-03-285206
PTR-04-286372
PES-05-286932
PCN-06-288735
PGN-06-289163
PTR-06-289300
PCN-07-289691
PCN-07-290783
PCN-08-291243
PCN-10-293114
PTR-10-293147
PES-10-293166
PCN-10-293325
PCN-10-293340
PCN-10-293548
PCN-10-293829
PTR-10-293921
PCN-10-294100
PCN-11-294231
PCN-11-294261
PTR-11-294314
PCN-11-294340
PCN-11-294344
PES-11-294409
PCN-11-294491
PES-11-294816
PES-11-294906
PTR-09-292513...Noni's Case
PES-11-294987

79 Cases!
Not bad for three days work Team Siracusa!!