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Alameda County Grand Jury Report Cites Probate Conservatorship Cries Out for Reform

Alameda County needs a radical transformation in the way legal defense services are provided, said Venus Gist, a ‘Shout Out Justice’ advocate. “As things now stand, these services almost always result in a conservatorship being granted. There are no trials. No appeals. Less restrictive alternatives are not seriously explored,” she went on.

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Probate Advocate Venus Gist says, “Alameda County needs a radical transformation in the way legal defense services are provided.”
Probate Advocate Venus Gist says, “Alameda County needs a radical transformation in the way legal defense services are provided.”

By Tanya Dennis

Last week, the Alameda County Grand Jury released its final report on the Alameda County Probate Court and found numerous deficiencies that have been criticized by probate reform groups for decades.

The Grand Jury found that:

  • Probate Court staff is severely overworked and understaffed;
  • The Public Defender’s office has no monitoring system to ascertain the service it renders to beneficiaries to assure their needs are addressed;
  • Guardians are not provided formal training;
  • There is no formal grievance process;
  • Beneficiaries who are poor do not get the same level of service as those with means
  • Involuntary conservatorship can drain estates quickly because of lack of oversight.

The Grand Jury report has given hope to probate reform advocates, who have been protesting these deficiencies for years with little or no success.

Spectrum Institute has been calling for Probate Court reform for eight years, especially in regard to beneficiaries with disabilities.

“The report of the Grand Jury sends a signal to the Alameda County Board of Supervisors that the status quo of unnecessary and overreaching conservatorships must end,” said Spectrum Institute Director Tom Coleman. “In terms of the responsibility to stop conservatorship abuses, the buck stops with the Board of Supervisors.’

Coleman suggested that the board should look to Nevada for solutions. “It should adopt a new system for providing legal defense services to seniors and people with disabilities who are targeted by these proceedings,” he said.

Recommendations from the Grand Jury are that the Alameda County Defender’s office transfer the responsibility of conservatorship to a separate agency with a contract specifying standards be met in order to receive funding from the County.

The Grand Jury is also advocating for a “Zealous Advocate,” a legal representative who assures that the desires of the conservatee are addressed.

Conserved involuntarily, Katherine Carter had to be ‘kidnapped’ from a long-term care facility by her daughter, Venus Gist, a ‘Shout Out Justice’ advocate.

Carter had been neglected to the degree that the facility had arranged hospice care. Risking arrest and prosecution, Gist “illegally” removed her mother from the facility. Katherine Carter lived an additional four years after being given 3 to 6 months to live.

“As both an advocate and a victim of the probate court, I think it’s exceptional that the Grand Jury of Alameda County has finally filed a report addressing the issues of conservatorship within the Public Guardian’s Office,” Gist said. “Abusive conservatorships are occurring nationwide and seldom are public servants such as judges, attorneys, conservators, fiduciaries, etc. held accountable and convicted of criminal acts committed towards their clients.…. it’s rarely talked about, and families and caregivers are mostly blamed.”

Alameda County needs a radical transformation in the way legal defense services are provided., Gist said. “As things now stand, these services almost always result in a conservatorship being granted. There are no trials. No appeals. Less restrictive alternatives are not seriously explored,” she went on.

She agrees with Coleman that the board should hire an outside firm to audit the public defender and “look seriously at adopting the Nevada model for legal defense services in Alameda County.”

To prevent abuses such as the Carter family encountered, the Grand Jury recommends that a neutral third-party entity be selected to conduct annual reviews of conservatorships to assess attorney compliance and determine compliance with probate rules.

The Grand Jury also recommended that attorneys take ongoing educational training in probate conservatorship and establish annual performance evaluations. They also recommend that a licensed health professional evaluate each client.

Although encouraged by the Grand Jury report, Gist feels it did not go far enough and wishes they had interviewed citizens who have been violated. Gist says, “If they are investigating, conduct it thoroughly, it requires the whole truth.”

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Oakland Post: Week of March 13 – 19, 2024

The printed Weekly Edition of the Oakland Post: Week of March 13 – 19, 2024

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Oakland Post: Week of March 6 – 12, 2024

The printed Weekly Edition of the Oakland Post: Week of March 6 – 12, 2024

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Who are the Alameda County District 4 Supervisor Candidates’ Top Campaign Contributors?

Below, we’ve listed each candidate’s 10 highest campaign contributors. For Miley, two of his top campaign donors also bought their own advertisements to support him and/or oppose Esteen through independent expenditures. Such expenditures, though separate from campaign donations, are also public record, and we listed them. Additionally, the National Organization of Realtors has spent about $70,500 on their own independent expenditures to support Miley.

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Jennifer Esteen. (Campaign photo) and Supervisor Nate Miley. (Official photo).
Jennifer Esteen. (Campaign photo) and Supervisor Nate Miley. (Official photo).

By Zack Haber

Nate Miley, who has served on Alameda County’s Board of Supervisors since 2000, is running for reelection to the District 4 supervisor seat.

Jennifer Esteen, a nurse and activist, is seeking to unseat him and become one of the five members of the powerful board that sets the county’s budget, governs its unincorporated areas, and oversees the sheriff, Alameda Health System, and mental health system.

District 4 includes most of East Oakland’s hills and flatlands beyond Fruitvale, part of Pleasanton and unincorporated areas south of San Leandro like Ashland and Castro Valley.

Voting is open and will remain open until March 5.

In California, campaign donations of $100 or more are public record. The records show that Miley has received about $550,000 in total campaign donations since he won the previous District 4 election in March 2020. Esteen has raised about $255,000 in total campaign donations since she started collecting them last July. All figures are accurate through Feb. 20.

While Miley has raised more money, Esteen has received donations from more sources. Miley received donations of $100 or more from 439 different sources. Esteen received such donations from 507 different sources.

Below, we’ve listed each candidate’s 10 highest campaign contributors. For Miley, two of his top campaign donors also bought their own advertisements to support him and/or oppose Esteen through independent expenditures. Such expenditures, though separate from campaign donations, are also public record, and we listed them. Additionally, the National Organization of Realtors has spent about $70,500 on their own independent expenditures to support Miley.

Nate Miley’s top campaign contributors:

The California Apartment Association, a trade group representing landlords and investors in California’s rental housing business, has spent about $129,500 supporting Miley’s election bid through about $59,500 in ads against Esteen$55,000 in ads supporting Miley, and $15,000 in campaign donations.

The independent expenditure committee Preserve Agriculture in Alameda County has spent about $46,025 supporting Miley through about $27,200 in their own ads, and $18,825 in donations to his campaign. Preserve Agriculture has supported reelection efforts for former Alameda County DA Nancy O’Malley, and Sheriff Greg Ahern, a republican. It’s received funding from ChevronPG&E, and a the California Apartment Association.

Organizations associated with the Laborers’ International Union of North America, or LiUNA, have donated about $35,000 in total. Construction and General Laborers Local 304, a local chapter of the union representing which represents over 4,000 workers, donated $20,000.

Laborers Pacific Southwest Regional Organizing Coalition, which represents 70,000 LiUNA members in Arizona, California, Hawaii and New Mexico, donated $15,000.

William ‘Bill’ Crotinger and the East Oakland-based company Argent Materials have donated $26,000. Crotinger is the president and founder of Argent, a concrete and asphalt recycling yard. Argent’s website says it is an eco-friendly company that diverts materials from landfills. In 2018, Argent paid the EPA $27,000 under a settlement for committing Clean Water Act violations.

Michael Morgan of Hayward, owner of We Are Hemp, a marijuana dispensary in Ashland, has donated $21,500.

Alameda County District 1 Supervisor David Haubert has donated $21,250 from his 2024 reelection campaign. He’s running unopposed for the District 1 seat.

SEIU 1021which represents over 60,000 workers in local governments, non-profit agencies, healthcare programs, and schools in Northern California, has donated $20,000.

UA Local 342, which represents around 4,000 pipe trades industry workers in Contra Costa and Alameda counties, donated $20,000.

The union representing the county’s deputy sheriffs, Deputy Sheriff’s Association of Alameda County, has donated $17,000.

Becton Healthcare Resources and its managers have donated $14,625. Becton’s mission statement says it provides “behavioral health management services to organizations and groups that serve the serious and persistent mentally ill population.”

Jennifer Esteen’s top campaign contributors:

Mary Quinn Delaney of Piedmont, founder of Akonadi Foundation, has donated $20,000. Akonadi Foundation gives grants to nonprofit organizations, especially focusing on racial justice organizing,

Bridget Galli of Castro Valley has donated $7,000. Galli is a yoga instructor and a co-owner of Castro Valley Yoga.

Rachel Gelman of Oakland has donated $5,000. Gelman is an activist who has vowed to redistribute her inherited wealth to working class, Indigenous and Black communities.

California Worker Families Party has donated $5,000. The organization’s website describes itself as a “grassroots party for the multiracial working class.”

David Stern of Albany has donated $5,000. Stern is a retired UC Berkeley Professor of Education.

Oakland Rising Committee—a collaborative of racial, economic, and environmental justice organizations—has donated about $3,050.

Fredeke Von Bothmer-Goodyear, an unemployed resident of San Francisco, has donated $2,600.

Robert Britton of Castro Valley has donated $2,500. Britton is retired and worked in the labor movement for decades.

Progressive Era PAC has donated about $2,400. Its mission statement says it “exists to elect governing majorities of leaders in California committed to building a progressive era for people of color.”

East Bay Stonewall Democrats Club has donated $2,250. The club was founded in 1982 to give voice to the East Bay LGBTQIA+ communities.

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