KHTS Radio Santa Clarita Radio – Santa Clarita News
Ed. Note: The following is the latest in a continuing series on elder abuse and senior care resources for Santa Clarita residents.
Elder abuse and scams targeting seniors are a growing problem, Santa Clarita detectives said, but there are numerous resources and protections available.
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Santa Clarita detectives shared the following story, removing the names of the victims and their family members to protect their identities.
Ultimately, due to the way the alleged victim’s legal paperwork was handled, no one was charged with a crime, officials said.
Related story: National Center On Elder Abuse Discusses Senior Resources, Dangers Of Isolation (Podcast)
“These cases are not that common,” said Sgt. Chris Maurizi of Santa Clarita Valley Sheriff’s Station. “However, they generally stem from years of missed opportunity by the family to square away a person’s financial and medical care prior to it becoming an issue. We more frequently see fiduciary abuse when elderly people unknowingly allow people access to their financial lives. This may be through a scam, or by a caretaker who takes advantage of them.”
The background
In 2010, John Doe and Jane Doe separated. They did not legally end their marriage. Upon separating, Jane stayed in the couple’s house and John moved out. John maintains the deed to the house that he and Jane legally own together.
However about two years later, John and other family members start seeing medical and mental health problems in Jane. They come together and decide they should do something to protect her assets.
John files for power of attorney over Jane’s financial and medical affairs. He also had Jane sign over her half of the house to him via a quitclaim deed. Jane is still of sound mind when these transactions occur, and does not protest to either of them. Although John and Jane are still separated, John agrees to let Jane live rent-free in the home. John no longer lives there.
In order to pay the bills at the house, John and Jane allow their adult son and daughter-in-law to move in with Jane.
The family lives together with no written contract for several years.
Jane and the daughter-in-law become close, and Jane ultimately allows daughter-in-law to become a second account holder on her banking accounts. This is also around 2012, when Jane is still considered, “of sound mind.”
This is the fateful, pivotal decision that likely changed the legal ramifications for elder abuse.
That’s because shortly after the above events, Jane suffers several strokes and her mental capacity diminishes greatly. She is ultimately determined, by all involved, to not have the appropriate mental capacity to make financial and medical decisions.
The problem
Fast forward to 2016, and now John and Jane’s adult children are in a “bitter” divorce.
The breakup resulted in the son moving out and the daughter-in-law staying with Jane. The daughter-in-law inherits all the responsibility for taking care of Jane. As such, she takes Jane with her own mother and applies for a new power of attorney, negating the prior one on record.
That’s when the abuse began, according to the family.
Over the next few months, Jane Doe’s daughter-in-law begins depleting Jane’s bank account to the tune of hundreds of thousands of dollars. The family, including John, sees this happening and get upset.
An investigation is opened into possible fiduciary elder abuse, which ends up with no crime being identified. As stated earlier, the criminal part of this incident stems back to the moment in 2012, when Jane knowingly gave daughter-in-law access to her bank account, according to detectives. Because she did this when she was of sound mind, and the family never did anything to override it, we cannot prove beyond a reasonable doubt, that Jane Doe’s daughter-in-law acted criminally.
What could the family have done?
There are probably other avenues, but here’s a few important things to know:
- Before any issues arise, the family could have filed for conservatorship over Jane. Per the www.Courts.Ca.Gov website, “A conservatorship is a court case where a judge appoints a responsible person or organization (called the “conservator”) to care for another adult (called the “conservatee”) who cannot care for himself or herself or manage his or her own finances.”
- This conservatorship would have overridden any prior power of attorney because a conservatorship is issued by a civil judge.
Outside of the conservatorship, the family can obtain a power of attorney, but power of attorney is only a written authorization signed by a notary, it is not a legal process issued by a court. A power of attorney is also dependent on the mental capacity of the person in question.
The following list of Santa Clarita Valley mental health resources was compiled by Larry Schallert, assistant director of the Student Health and Wellness Center at College of the Canyons
Senior Mental Health Resources – Santa Clarita Valley Area
Mental Health Services / Phone Number
ACCESS (DMH Mental Health Hotline) (800) 854-7771
Adult Protective Services (877) 477-3646
Alcoholics’ Anonymous (661) 259-0802
American Foundation for Suicide Prevention (Text to 741-741) (800) 273-8255
Asian Pacific Counseling & Treatment Center (818) 267-1100
Bridge to Home Client Services Center (661) 254-4663
College of the Canyons Student Health & Wellness Center (661) 362-3259
Comfort Keepers (In Home Care) (661) 287-4200
Counseling West – Adult and Children Sherman Oaks (818) 990-9898
Department of Mental Health (DMH) ACCESS Line (PMRT) (800)854-7771
Depression & Bipolar Alliance (818) 850-DBSA
Didi Hirsch – Children & Adult Mental Health & Substance Abuse (888) 807-7250
Domestic Violence Center (Hotline) (661) 259-4357 (661)259-8175
Gay & Lesbian National Hotline (888) 843-4564
Genesis Field Capable Clinical Services, DMH (213) 351-7284
Grace Baptist Church (661) 296-8797
Health Resource Center on Domestic Violence (888) 792-2873
Help the Children (661) 702-8852
Henry Mayo Emergency (661) 200-1600
Henry Mayo Newhall Hospital Behavioral Health (661) 200-1080
Kaiser Behavioral Health (818)758-1200 (800) 700-8705
Los Angeles Department of Mental Health (800) 854-7771
Mission City Community Network Inc. (medication) (818)830-1008
National Alliance for the Mentally Ill (NAMI) (818) 994-6747
National Council On Alcohol & Drugs (661) 253-9400
Olive View Urgent Care (Mental Health) (818) 485-0888
Peer Support Crisis Chat (LGBTQ) (888) 843-4564
Regional Center( North Los Angeles County Regional Center) (661) 775-8450
Salvation Army Services (Canoga Park) (818) 883-6321
San Fernando Mental Health (DMH) (818) 832-2400
Santa Clarita Valley Senior Center (661) 259-9444
Santa Clarita Mental Health (DMH) (661) 288-4800
Santa Clarita Sherriff Dept. (LASD) in SCV (661) 255-1121
Santa Clarita Single Mother Outreach (661) 298-9593
Santa Clarita Valley Service Center (661) 254-0070
Strengths United (Hotline) (818) 886-0453 (Consultation Information) (818) 787-9700 and (661)253-0257
Suicide Prevention Lifeline (800) 273-8255
Sunrise Senior Living (661) 253-3551
Valencia Counseling Associates (661) 259-8200
Valley Coordinated Children Services (818) 708-4500
Valley Prevention & Treatment Center (661) 251-1023
Veterans Crisis Line (800) 273-8255 press 1
American Association of Retired People
California Department of Aging
College of the Canyons Student Health & Wellness Resource
Henry Mayo Newhall Hospital Behavioral Health Free and Confidential MH Screening
Los Angeles County Housing Resource Center
Los Angeles County Older Adults Program
Los Angeles County Workforce Development Aging and Community Services
Mental Health: It’s Part of All Our Lives 1-800- 789-2647
National Council for Community Behavioral Healthcare
National Institute for Mental Health
National Suicide Prevention Lifeline at 1-800- 273-TALK
SAMHSA Site for Coping with Disaster and Traumatic Events:
Santa Clarita City Mental Health Resource Page
Psychiatrists
Basta, Fawzy, MD. Adolescent & Adults (818)886-5628
Berglund, Robin, M.D.(818) 784-4706
Li, Eric MD (310) 442-9449
McDonald Mark, MD (310) 954-9564
Sassano-Higgins, Sean, MD (661) 414-4983
Steinberg, Lance, MD (818) 224-3540
Senior, Adults, Family Private Providers
Licensed Marriage Family Therapist, Licensed Clinical Social Workers and Licensed Psychologists
Carole Lutness, LCSW (661) 755-7524
Charlotte Strong, LCSW (661) 713-7798
Claudia, Janes, LMFT (661) 645-8282
Julie Criss-Hagerty, Ph.D. (661) 287-9751
Debbie Reed, M.S. LMFT (661) 287-4243
Dilyse Diaz, LMFT (Sp Sp) (661) 904-0113
Donna Resendez, LMFT (818) 486-4924
Helen Meek, LMFT (661) 259-6100
Greg Hamlin, Clinical Psychologist (661) 297-2326
Jeffrey, Lumaya, LCSW (661) 733-4434
John Dunn, Ph.D., PsyD (661) 255-8715
Lee Schulman, Ph.D. (661) 263-2680
Bonnie Mahler Ph.D. (661) 260-3131
Nancy Dunbar, Ph.D. (661) 288-2324
Richard, Posalski, LCSW (818) 773-9988
Lynne Steinman Ph.D. (661) 259-0144
Walter King, M.E.D., LMFT (661) 287-9337
Wendy Schultz, LMFT (661) 297-0362
Michelle Witkin Ph.D. (661) 753-3987
Janet Mister Ph.D. (661) 310-8410
Barbara Wilson LCSW (818) 517-9902
Medical
Gene Dorio MD (661) 254 – 5554
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