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!
