Activism

Protesters Demand Further Investigation After Alameda County Grand Jury Report Ignores Flagrant Probate Abuses

Cathy Rodriguez was denied the conservatorship of her aunt, 88-year-old Mildred Rodriguez, despite sharing ownership of the mobile home they lived in. Mildred’s estate was handed over to a public guardian because of a dispute between Cathy and a cousin, Rose Rivera, who had placed the mobile home and Mildred’s retirement and assets in her name.

Published

4 years ago

August 29, 2022

Oakland Post

Samantha Durrell shows before and after pictures of her mother under the “care” of her court-appointed guardian.

By Tanya Dennis

The release last month of Alameda County’s Grand Jury report charging deficiencies in the Alameda County Probate Court system has set off a firestorm of activity by probate reform groups that say the report did not go far enough.

Affected family members and activists gathered outside of the Alameda County Supervisors Administration office Aug. 11 to protest the failure of the Grand Jury to address the families’ losses of their loved ones and their estates.

According to the protesters, the Grand Jury report failed to address the ongoing enrichment of court-appointed guardians or conservators to the detriment of conservatees and their families.

“Protesters want the presiding probate judge, Charles Smiley, the Grand Jury and the County Board of Supervisors to genuinely consider their complaints of guardianship abuse and reopen the Grand Jury investigation,” said Venus Gist of California Justice.

Samantha Dussell and Cecily Dussell were among those outside the courthouse. “I’m out here protesting today because my mother’s civil rights were violated,” said Samantha Dussell. She and her daughter, Cecily Dussell, had filed a verified petition to remove the public guardian from their mother/grandmother, Rosalie Hope Sifuentez.

“In every aspect of my mother’s life, there has been a lack of common sense and integrity and contempt for her that has been used in making decisions for her daily care, health care, emotional and spiritual needs and living environment,” Samantha said.

Also protesting was Doris Lilly who alleges that the estate of her aunt, 97-year-old Christine Williams, was taken and sold by the man who prepared Williams’ taxes.

Lilly said that Williams’ tax preparer utilized his access to Williams’ documents, changed her will, her power of attorney, placed his name on her accounts, then sold her $800,000 home for $605,000, gave $100,000 to two nephews and has not been held accountable by the court to report what happened to the $405,000 balance of her estate despite requests from the family.

Rather than assist Cathy in returning the assets she shared with Mildred, the conservator reported to the court that Mildred did not trust Cathy, despite a hand-written note by Mildred that she did not like the care facility she was in and wished to live with Cathy.

Rivera, the Public Guardian, filed a complaint claiming Cathy’s behavior was disruptive and prohibited her from having any contact with her aunt.

“The system is abusing my auntie and keeping her in prison with no contact with the outside world,” Rodriguez says. In a video recording, Mildred states “I want out of here. I want out of this place. I don’t like staying here and being with these people, I want to live with Cathy.”