Excerpt from the Court Investigator's Report

So instead of trying to show copies of the Court Investigator's Report on this blog, I'll have a link and anyone can see the redacted copy.

So if you know this site, and have read what is here, this is the story. Mom in law- Carol or Carole was in an assisted living facility in San Jose in 2015. Earlier that year her daughter, Sonya, decided that she could do a better job and with her mom's money got a 3/4 bedroom house in the Branham or Cambrian neighborhood*.  As far as we could tell Sonya then went to fund the life she couldn't afford with her own funds. In 2016 Mike, the son, my husband was pressured into becoming the conservator of his mother, because of his sister's misdeeds.

A Court Investigator was a needed neutral third party who came out to check out what Adult Protective Services was claiming, that there was abuse and that Mike should become the conservator of Carol (Carole). Here are some excerpts from the report with surnames removed.

Case History-Purpose of Report

An ex pane temporary conservatorship of the person and estate of Carol (“Carole”) was approved on May 24, 2016 and letters were issued to her son, Michael (“Michael”),on June 1,2016. According to the petition,a bank made a report to Adult Protective Services (APS) with concerns that Carole’s daughter, Sonya (“Sonya”),had taken approximately $100K out of Carol’s retirement accounts and comingled the money with her personal bank account. APS had concerns that some of the money had been spent in ways that did not benefit Carole. Furthermore, there were concerns that Carole had missed in excess of 20 doctor appointments which were not rescheduled Therefore,conservatorship was needed to provide the protection of Carole’s health and safety as well as her estate.

Living Conditions

Carole was admitted to her current placement from Kaiser Hospital on December 31, 2015. She requires assistance with bathing and shampooing. Her exercise is limited to walking in the backyard with a staff member. Carole ambulates with a wheeled walker. Carole said she received an allowance from Michael, but staff have been unavailable to bring her shopping because of conflict between 2 other residents. Carole said she is in need of shampoo, soap, toothpaste and some summer clothes.
Carole said she asks every day to go out but staff cannot take her. She wants to move and return to Atria,where she had lived previously. Carole called her current placement “the pits,” and said there is nothing to do but watch television.

Involvement of Proposed Conservator

Michael reported that his mother’s financial situation is even more dire than previously thought. He discovered that $10K was withdrawn in April to pay for his sister’s overdue child support. Assets include $20K in one investment account and anon-qualified annuity valued at $158,250. Carole’s teacher retirement is about 3K a month while her board and care is currently costing $3,300. Additionally,Michael is discovering credit card debts.
Just days after the temporary conservatorship was initiated, he also discovered that his mother’s Part D coverage was cancelled on June 1 due to lack of payment. According to Michael,he and his wife paid out-of-pocket to have that coverage reinstated. He has been in contact with his mother’s physician and has scheduled a podiatry appointment for her.

I don't think I need to add more to this post. The Court Investigator pretty much summed up what Sonya did wrong and what Mike has tried to do right.


*I live in DC, I don't know San Jose neighborhoods. I plugged in the address on Calle de Lucia using Google maps and Redfin.