Alameda County
Alameda Grand Jury Probate Court Report Recommendations Offer No Oversight
On June 30, 2022, the Alameda County Grand Jury released a report citing deficiencies of the Alameda County Probate Court and responded with recommendations that will have absolutely no affect on families who say attorneys and conservators are unjustly enriching themselves at their expense.
By Tanya Dennis
On June 30, 2022, the Alameda County Grand Jury released a report citing deficiencies of the Alameda County Probate Court and responded with recommendations that will have absolutely no affect on families who say attorneys and conservators are unjustly enriching themselves at their expense.
Despite Grand Jury recommendations, egregious actions of probate court appointed attorneys and conservators continue. The most egregious is court officials ignoring California probate Code 1800.3 (a), the Zealous Advocacy law that cites “the court will not grant a conservatorship if a less-restrictive option is available.
According to probate family advocates, the courts still use divide and conquer tactics, that don’t have to occur between family members.
If a person’s neighbor or bookkeeper requests appointment as conservator over the estate, the court will use that disagreement to not award the family care of their loved one, even when clearly stated in the Conservatee’s trust the desire to be home with family.
Conservatee James Larkin’s sister requested conservatorship over his estate despite Larkin’s trust clearly leaving all property and assets to his son Jim Larkin. The sister’s request was denied, and the court-appointed conservator Leo Bautista to set up care for Larkin in his home, a job his son Jim had been doing for free, with love.
To cover costs Bautista sold the Larkins’ rental property, and when that money dwindled, informed the son he was taking his father to a doctor’s appointment, but instead put him in a nursing care facility without notice.
Jim did not know where his father was for five days until he received a letter. The day after the letter, he received an email from Bautista of his intent to sell the house.
Jim Larkin Jr says, “I feel drained and defeated trying to work with a well-oiled, openly corrupt system that no one has ever beat. By design they put up a wall that blocks my love and time with my father. The ridiculous thing is their care is nothing specialized, something that I did for free.”
Bautista’s decision to sell the house will assure the nursing facility and his fees are paid but will leave Jim homeless. If the trust had been honored, Jim would have inherited two properties valued at over $3.7 million.
Bautista, reached for comment replied, “Due to client confidentiality, I am prohibited ethically and legally from giving you personal financial or medical information about any of my clients. As I am sure you are aware, conservatorships are overseen by the court.
“Probate Code section 2651 allows any relative or friend of the Conservatee to file a petition on behalf of the Conservatee if they believe the conservator has breached their fiduciary duty. In such a case, they are allowed to present evidence of the breach, and I am allowed to present evidence in my defense. I am barred from discussing any details of a case past or present that would either confirm or refute any allegations made against me.”
Advocates say the Grand Jury missed the major problem with Probate court, which is the lack of third-party oversight.
The Grand Jury cited a system of review yet failed to see how attorneys reviewing each other is simply another version of the fox guarding the henhouse. The Zealous Advocacy law that protects Conservatee’s wishes and estate of the Conservatee is ignored.
The County does not have a contract with the Public Defender’s office because the Public Defender’s office is a department of the County, and the County cannot enter into a contract with itself, and there lies the problem.
The result is there is no outside oversight, no checks and balances and families continue to leave probate court destitute and separated from loved ones.
