DEAR PROBE

QRecently a friend of mine was place under a conservatorship by the County of Imperial Public Administrator’s Office. Her property and assets were seized by the county, and she was placed in a care facility against her will. I would like to know what the process is leading up to an action such as this.

The first indication that the county was taking over her property was her rental house. The renter, who had rented from her for 30 years, was served an eviction notice, which stated that she (the renter) had 30 days to vacate the property. This notice was posted on the front door of the rental. As soon as the renter vacated the property, a sign was posted that said, “No Trespassing. Property of Imperial County Public Administrator” and a phone number. All the locks were changed on the rental house. My friend did not understand how this could happen to her. She no longer had access to her own property. She had worked all her life and had been able to buy this rental and had saved her money. When the county took over, they closed all her bank accounts. The house that my friend lived in had been her parents’. Her father was a farm worker, and this was also taken from her after they took her into custody. This house was in both her and her sister’s name. The county then placed a No Trespassing sign and changed the locks there, also. The county said the funds from these properties and her money in her bank accounts will be used to pay for her care in the care facility.

She is not allowed visitors, nor phone calls from family or friends. This is very confusing to her. Why was she not allowed to have 24-hour care in her own home? The cost of the facility she is in likely costs as much or more than a full-time caretaker would. This is all very disturbing. It could happen to others and very quickly, when people do not have a plan in place and they have no one to represent their interests.

The county needs to be held accountable for what they take from individuals and show where all the money is being spent. The woman had a substantial amount of assets. Who is watching out for her? What will happen to her property after she is gone?

— A Very Concerned Friend, El Centro

AThe Imperial County public administrator is appointed conservator or legal guardian for persons deemed by the Superior Court to be unable to properly care for themselves or their finances or who can’t resist undue influence or fraud.

Rosie Blankenship, Imperial County public administrator and director of the Area Agency on Aging, said such persons usually suffer from severe mental illness, are developmentally disabled, or are older, frail and vulnerable adults with dementia. The court can appoint a Conservator of the person only, estate only or of both.

Information on the conservatee is only made available to next of kin upon request to the public conservator.

Blankenship said that after appointment by the court, and within 90 days after appointment of conservator of the estate, the public conservator is required to file an inventory and appraisal with the clerk of the court, which contains all of the conservatee’s assets with appraised value by a probate referee.

The personal and real property is marshalled by the office, when necessary, and bank accounts are closed and placed under the care of the public conservator in interest-bearing accounts. Real property is preserved and on-going maintenance of said property continues until such time that funds are needed to pay for the care of the conservatee. Blankenship said the public conservator has been granted authority under Probate Code 2591 to sell at public or private sale real or personal property of the estate without court confirmation of the sale. Tenants residing in the conservatee’s real property are given a 60-day notice to vacate as required by law.

Once real property is vacated, locks are changed, No Trespassing signs are posted and the property continues to be monitored and maintained to deter vandalism, burglary, squatters or the like.

The goal of the public conservator is to maintain the conservatee in their home for as long as possible, Blankenship said. However, under certain conditions, such as the conservatee’s safety and well-being at risk, lack of funding, availability of professional care or other situational concerns, the conservatee may be relocated temporarily or permanently to a safe environment with 24/7 professional care, based on available funding. During the transition period for the conservatee, which may last from 30 to 60 days, family and known friends are asked to refrain from visiting the conservatee so that the conservatee may have a successful adjustment in the new living situation and avoid unneeded distress, Blankenship said. “Oftentimes, the biggest obstacles are those individuals attempting to take financial advantage of the conservatee,” she said. “This is why these safeguards are put in place. Approved family and friends are encouraged to visit the conservatee after said transitional period with scheduled visits.” Pursuant to Probate Code 2630, at the expiration of one year from the time of appointment and thereafter not less frequently than biennially or more frequently if ordered by the court, the public conservator shall present an accounting of the assets of the estate of the conservatee to the court for settlement and allowance.