Why Couldn't Katie Go Home?

One of my Grandmother's greatest fears was to die in a nursing home.

For months prior to my Grandmother's passing, I begged her conservator, Mr. Herb Thomas and her attorney, Mr. Bruce Feder to allow her to go home with 24 hour care.

I had done hours and hours of research regarding the benefits of in-home care versus nursing home care and found that in-home care was overwhelmingly recommended by experts in this particular field.  There was absolutely no reason why Katie could not go home.  The care she receieved in the nursing home could have been done in her own home.  The cost?  Who really cares how much it would have cost.  She had the money to pay for it!

One of Mr. Bruce Feder's clients, his biggest client, provides in home care services.

Mr. Herb Thomas' company provides in home care services.

WHY DID THEY LET MY GRANDMOTHER DIE IN A NURSING HOME?

WHY COULDN'T KATIE GO HOME?

Always in My Heart

Those we love remain with us, for love itself lives on.

Cherished memories never fade because a loved one's gone.

Those we love can never be more than a thought apart.

For as long as there are memories, they'll live on in

our heart.

Picture this....

A non-profit organization with offices in several bay area cities and/or counties.  This non-profit group provides services for seniors, people with disabilities, children, immigrants, people with financial problems and much more.

People learn of the services provided by this organization in a variety of ways.  For example, the exhausted daughter of an Alzheimer's patient searches the Internet because she needs help just a few hours a week, the sister of a disabled man who was has been caring for her brother since a surgery that left him partially paralyzed 3 years ago learns of this organization from a family friend, an immigrant is referred to this non-profit for mental health issues, a caring neighbor calls because they are concerned about the man next door.

Appointments are scheduled, assessments are completed and recommendations are made.  This organization wants to do what is best for its new clients.  You know, help them!

Coincidentally, within the San Francisco Superior Court system, conservators are appointed for incapacitated seniors, people with disabilities, immigrants with mental health issues, people who cannot manage their finances and much more.

Once someone is placed in a conservatorship in San Francisco (or any place else for that matter), they will absolutely need an attorney to look after their overall best interests.  They will also need a conservator and the conservator will also need an attorney of their own.

Conservator Story One:  Since the conservator has been appointed to protect the interests of the conservatee, the conservator makes it a top priority to review the estate planning documents.  "Oh look!  The current trustee has breached her fiduciary duty," claims the conservator.  "I will have my attorney petition the court to obtain a order making me the successor trustee and replace that financially abusive trustee."  The financially abusive trustee just happens to be the daughter of the conservatee.

Conservator Story Two:  On the other side of town, a different conservator visits another home and states that the partially paralyzed conservatee needs 24 hour care even though the conservatee's sister has been caring for him for the past 3 years with the help of occasional respite care.  It seems he won a sizable malpractice lawsuit following a surgery gone bad and received a very sizable settlement.  This is duly noted in the conservator's notebook!  What the conservator does not include in her notes is that the brother obviously adores his sister.  With visions of conservator fees dancing in her head, the conservator calls APS and reports the sister for abuse.  She is eventually removed from the home.  Her brother is devastated!  The sister puts up a valiant effort to get her brother back, but never sees him again.

Conveniently enough, the non-profit organization with offices in several Bay Area cities and/or counties that provides services for seniors, people with disabilities, children, immigrants, people with financial problems and much more is a professional conservator.  They also provide at home care for seniors.  Conveniently, they employ all the caregivers, too.  This organization is even affiliated with a cleaning service that will come in a few times a month to clean the conservatee's house.  They employ a staff of mental health consultants and offer their clients access to a food pantry.  One stop conservator shopping!

An example of a typical monthly invoice might include the following services all conveniently provided by the non-profit organization with offices in several Bay Area cities and/or counties that provides services for seniors, people with disabilities, children, immigrants, people with financial problems and much more:

1.  fees for the attorney of the conservatee

2.  fees for the conservator who just happens to be the non-profit organization with offices in several bay area cities and/or counties that provides services for seniors, people with disabilities, children, immigrants, people with financial problems and much more

3.  fees for the attorney

4.  fees for the caregivers

5.  petty cash fund for the caregivers

6  charges for bi-monthly cleaning service

Believe it!  There really is a non-profit organization with offices in several bay area cities and/or counties. This non-profit group provides services for seniors, people with disabilities, children, immigrants, people with financial problems and much, much more.

The stories were realistic figments of my imagination!

In Loving Memory

Just close your eyes and you will see,

All the memories that you have of me.

Just sit and relax and you will find,

I'm really still there inside your mind.

Don't cry for me because I have gone away,

God called to me, and I could not stay.

There is no pain, there is no fear.

So dry away that silent tear.

Don't think of me in the dark and cold,

For here I am no longer old.

I'm in that place that's filled with love,

Known to all of you as UP ABOVE!

Catherine Rose DeMartini

April 13, 1912 - April 19, 2011

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An Attempt to Manipulate the San Francisco Probate Court - PLEASE READ!

If you only read one post on this Blog, please read this one.  It contains undisputable facts and proves what these attorneys and conservators are capable of doing and confirms all my previous claims and allegations against them.


The following blog post is a prime example of what these liars and thieves are capable of and how they attempt to manipulate the San Francisco Probate Court.  Larry Siracusa, Commissioner Sue Kaplan, Bruce Feder, Brian McCaffery, Elizabeth Adler, Herb Thomas, Emilie Calhoun, Anne Marie Paolini-Mori and Charles K. Lewis truly are liars and thieves.


FACT ONE:  Taken directly from the San Francisco Superior Court Website:

Hearing dates for all appearance matters are assigned by the filing clerk at the time the petition is filed.

Appearance Hearings for Probate Matters other than Appointment of Guardians and Conservators:  Monday, Tuesday, and Wednesday 9:00 a.m. in Department 204. Order in which matters are heard: 

• Petitions for confirmation of sale
• All other matters are called sequentially by case number, lowest case numbers first.
• 10:30 a.m. - appearances by telephone (through CourtCall, 1.888.882.6878)

Petitions for Appointment of Guardian are heard on:  Tuesday 1:00 p.m. - Department 204 (These matters require an appearance.)

Petitions for Appointment of Conservator are heard on:  Thursday 9:00 a.m. - Department 204 (These matters require an appearance.)
Requests for Restraining Orders to Stop Elder and Dependent Adult Abuse are heard on:  Wednesday 1:30 p.m. – Dept. 204 (These matters require an appearance.)
Ex Parte matters:  Monday through Friday, 10:30 a.m. and 11:00 a.m. Room 202.  To schedule Ex Parte matters, call 415.551.3650.

Law and Motion Calendar:  Thursday 1:30 p.m. - Department 204. To schedule a motion, call 415.551.3702.

• A Notice of Hearing must accompany every petition, including amended petitions.
• Tentative Rulings are available one to three days before the hearing at 415.551.4000 or online at: Probate Tentative Rulings
• Pre-Granted Orders will be available in Room 103, Windows 24, 25, and 26 after 9:30 a.m. the day of the hearing.

There are no hearings times sheduled for 3:00 pm on Thursdays!


FACT TWO:  A Petition to Rescind the changes made to my Grandmother's Trust when she was legally incapacitated which is confirmed by her physican of 20 years as well as a doctor chosen by Larry Siracusa is currently scheduled to be heard by Judge Mary Wiss. This hearing is in the process of being rescheduled due to the death of my Grandmother.  Tentative Hearing Date is May 10th.


SEVERAL FACTS THREE:  I have asked for a jury trial.  Judge Mary Wiss has scheduled a hearing regarding this matter for June 15, 2011.  It is on the Probate Court Calendar.  Brian McCaffery, who states on his website that 10% of his business is litigation was hired by Siracusa as the litigator in this case.  On March 16, 2011, Judge Wiss allowed 90 days for discovery purposes.  To date, Mr. McCaffery has not even noticed my deposition!!!  Mr. McCaffery's primary business is that of ambulance chaser!


FACT FOUR:  Commissioner Sue Kaplan is this group's go to person when they need ex-parte motions and back door petitions signed.


FACT FIVE:  Commissioner Sue Kaplan ruled against me in August of 2009 without a hearing on the matter.  There is a transcript of this hearing.


FACT SIX:  Sue Kaplan sent this case to pro-bono mediation in September of 2009 and approved the mediation settlement that was a result of the October 19, 2009 mediation.  THE CASE WAS DISMISSED!


FACT SEVEN:  On April 19, 2011, the day of my Grandmother's death, paperwork was filed that states there is a hearing on May 26, 2011 at 3:00pm to number one, argue I have no right to a jury trial and number two, ask for the court's ruling on recision of the Trust documents.


SEVERAL FACTS EIGHT:  This hearing on May 26, 2011 is scheduled outside of the court's published court schedule.  The hearing is being heard by Commissioner Sue Kaplan.  Sue Kaplan has not made a ruling on this case since November 2, 2009 when she approved the dismissal of the case that was submitted by Emilie Calhoun. The reasons for the hearing on May 26th were already scheduled to be heard by Judge Mary Wiss.  I cannot download the documents that have been filed with the court.  Judge Mary Wiss has been in control of this case, and as previously stated, is already scheduled to hear the petitions that have now been re-assigned to Commissioner Kaplan on a date and time that is not within the court's published schedule.


FACT NINE:   From the San Francisco Superior Court Website: 

14.10 Hearings Before Commissioner. The Commissioner may sit as a temporary judge (Judge Pro Tem) on stipulation of all parties litigant or their counsel. Should any party object to the Commissioner hearing the matter as Judge Pro Tem, the objection must be made at the time the matter is assigned or called for hearing. A failure to object shall be deemed a stipulation that the Commissioner may hear the matter as temporary judge.

My Opinion Based on the Facts:

Larry Siracusa and Brian McCaffery are attempting to circumvent Judge Wiss' authority and make a mockery of the San Francisco Probate Court.  They have scheduled hearings, which are not available for public view, for matters already scheduled to be heard by Judge Wiss.  There are dozens of published cases in San Francisco Probate Court records that establish a pattern of Commissioner Kaplan's approval of exparte motions and petitions outside the Court's published hearing schedule.  Siracusa and friends are attempting to once again break the law!!!!!!!!!