WEBVTT

NOTE duration:"00:14:14"

NOTE language:en-us

NOTE Confidence: 0.891396569230769

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If we go back, historically,

NOTE Confidence: 0.891396569230769

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conservatorship was meant to be a good thing.

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I didn't know what a trustee was

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supposed to be doing. That's why I

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hired them. My mother has lost her

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family. I think there's some very

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honest people, but this

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is a flaw in our system,

NOTE Confidence: 0.9018608125

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and that's the problem

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you look at the motivation

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until a person goes through this.

NOTE Confidence: 0.809959585

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Personally, they can't believe

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that these things are going on.

NOTE Confidence: 0.85347676

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My mom's name is Linda Duncan,

NOTE Confidence: 0.885455795

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my mom and Dad met

NOTE Confidence: 0.876002476666667

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in the 50s and it was a classic love

NOTE Confidence: 0.914222496

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story 30 years. His wife,

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senior Lisa said her father made

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sure his wife was set in the likely

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event he passed away before her

NOTE Confidence: 0.914222496

00:00:43.504 --> 00:00:45.364
even purchasing a home in Camarillo

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for the two to live their final

NOTE Confidence: 0.914222496

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years out together. We always

NOTE Confidence: 0.869293633333333

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assumed that mom

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and Dad would spend their last

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years in this beautiful view house

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and my dad did. But Linda didn't,

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so I'm going to meet Lisa right now

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to join her on her visit with her

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mother so I can hear directly from

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Linda herself and I'm going to use

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my phone to record our conversation,

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telling him this time,

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most wonderful my finished.

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Finish the following osid situation.

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It wouldn't be so bad if I could come out

NOTE Confidence: 0.921636306666667

00:01:23.870 --> 00:01:26.210
20 years after her husband passed.

NOTE Confidence: 0.921636306666667

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Linda has been placed in an

NOTE Confidence: 0.921636306666667

00:01:27.980 --> 00:01:29.515
assisted living facility in Auburn

NOTE Confidence: 0.921636306666667

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hundreds of miles from the home.

NOTE Confidence: 0.921636306666667

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Her and her husband shared.

NOTE Confidence: 0.921636306666667

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Lisa says she's there

NOTE Confidence: 0.921636306666667

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against her wishes. I think

NOTE Confidence: 0.860256475

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she's unhappy in that situation

NOTE Confidence: 0.860256475

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and she much would prefer

NOTE Confidence: 0.947772595

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to be in her own home.

NOTE Confidence: 0.882495667777778

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I don't know what's going to happen to me.

NOTE Confidence: 0.882495667777778

00:01:47.200 --> 00:01:50.920
I'm gonna deteriorate and I tell ya. The

NOTE Confidence: 0.88476533125

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reason Linda cannot return home is

NOTE Confidence: 0.88476533125

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because she's under a conservatorship.

NOTE Confidence: 0.88476533125

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A conservatorship is when another

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person is appointed by a judge to have

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legal authority over someone's life.

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Conservatorship's are more common with

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aging adults suffering from dementia

NOTE Confidence: 0.88476533125

00:02:05.982 --> 00:02:07.830
or other health issues that prevent

NOTE Confidence: 0.88476533125

00:02:07.830 --> 00:02:09.857
them from taking care of themselves.

NOTE Confidence: 0.867647905

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She didn't want her father

NOTE Confidence: 0.867647905

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to be conservative.

NOTE Confidence: 0.842035698947368

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Servitor ships have made headlines

NOTE Confidence: 0.842035698947368

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recently with the popular documentary

NOTE Confidence: 0.842035698947368

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framing Britney Spears and the Golden

NOTE Confidence: 0.842035698947368

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Globe winning film. I care alot.

NOTE Confidence: 0.784733598

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The court is appointed me to

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be your legal guardian, but

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conservatorship's aren't new

NOTE Confidence: 0.8312535125

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and it's a powerful position.

NOTE Confidence: 0.8173070544

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This process is going to take away

NOTE Confidence: 0.8173070544

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your mom's rights if you become her

NOTE Confidence: 0.8173070544

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conservatore now your mom enters

NOTE Confidence: 0.8173070544

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into what some people call civil

NOTE Confidence: 0.745476263333333

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death, while family

NOTE Confidence: 0.91121809

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members can also

NOTE Confidence: 0.806241118333333

00:02:38.790 --> 00:02:40.690
be appointed conservators if a

NOTE Confidence: 0.806241118333333

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quarter. Points at third party

NOTE Confidence: 0.873934429285714

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conservatore. It'll be a fiduciary which is a

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profession of handling other peoples money,

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but it's also the specific certification

NOTE Confidence: 0.873934429285714

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needed to become a third-party

NOTE Confidence: 0.873934429285714

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conservatore according to the Professional

NOTE Confidence: 0.873934429285714

00:02:54.202 --> 00:02:56.639
Fiduciary Bureau this industry manage

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is just under $13 billion of other

NOTE Confidence: 0.873934429285714

00:02:59.046 --> 00:03:01.036
people's assets in California alone,

NOTE Confidence: 0.873934429285714

00:03:01.040 --> 00:03:03.322
and Conservatorship's may be on the rise

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00:03:03.322 --> 00:03:05.708
as we're entering into the silver tsunami,

NOTE Confidence: 0.873934429285714

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a term describing the aging

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00:03:08.970 --> 00:03:10.926
baby boomer generation.

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00:03:10.930 --> 00:03:12.015
You been disinherited.

NOTE Confidence: 0.873934429285714

00:03:12.015 --> 00:03:14.640
Now you're facing an uphill battle.

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00:03:14.640 --> 00:03:17.223
Mike Hacker got his start in land use law.

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00:03:17.230 --> 00:03:19.552
But when trust issues came up in his own

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00:03:19.552 --> 00:03:21.770
family, he felt helpless and confused.

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00:03:21.770 --> 00:03:24.506
Despite having an extensive law background.

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00:03:24.510 --> 00:03:25.985
That's why he changed specialties

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00:03:25.985 --> 00:03:27.965
and has spent the last 40 years

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and trust in a state law.

NOTE Confidence: 0.859636926666667

00:03:29.340 --> 00:03:31.488
Well, there are two kinds of

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00:03:31.490 --> 00:03:32.774
conservatorships's. There's a

NOTE Confidence: 0.859636926666667

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conservatorship of the person,

NOTE Confidence: 0.821810985

00:03:34.520 --> 00:03:36.460
a conservatorship of a person

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00:03:36.460 --> 00:03:37.624
means someone overseas.

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All personal aspects of your life,

NOTE Confidence: 0.821810985

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everything from what you eat,

NOTE Confidence: 0.821810985

00:03:41.370 --> 00:03:43.407
where you live, your medical care to,

NOTE Confidence: 0.821810985

00:03:43.410 --> 00:03:45.288
even who you're able to see.

NOTE Confidence: 0.903253373333333

00:03:45.340 --> 00:03:47.665
That is different than the

NOTE Confidence: 0.903253373333333

00:03:47.665 --> 00:03:49.525
conservatorships for financing the

NOTE Confidence: 0.86821783

00:03:49.540 --> 00:03:50.940
other type of conservatorship

NOTE Confidence: 0.86821783

00:03:50.940 --> 00:03:53.040
is of an estate where another

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person has full power over all

NOTE Confidence: 0.86821783

00:03:55.098 --> 00:03:56.850
your financial affairs in assets

NOTE Confidence: 0.897017634375

00:03:56.880 --> 00:03:59.408
takes over everything that you own at all

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of the rights that you have to ownership,

NOTE Confidence: 0.902592498

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and these two types of conservatorship's

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aren't exclusive. They're

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often paired together and, in my

NOTE Confidence: 0.843478271666667

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view, when they are paired together,

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the conservatee often becomes invisible.

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They're in their own prison in a way,

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because the conservator of the

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person controls. All access to them.

NOTE Confidence: 0.74410284

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So what time do you normally

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have to leave by? I have

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to leave like, not a minute

NOTE Confidence: 0.83372415

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later than 9:45. Typically

NOTE Confidence: 0.875817255

00:04:33.160 --> 00:04:35.728
Julie's race against the clock is a weekly

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event driving from Marin to Sacramento.

NOTE Confidence: 0.788530895

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No, I just my heart is racing because.

NOTE Confidence: 0.859932837647059

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I just don't want to get there even a

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minute late since I only have 30 minutes.

NOTE Confidence: 0.913763425384615

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It's 30 minutes of time with her

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mother for four hours of driving.

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There was no flexibility

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for my arriving late,

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or if there was a car accident.

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We also weren't allowed to

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bring any friends with us and

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we were also not permitted to

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bring any food or drink. Rules

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she must follow despite this

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visit being extra special.

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Happy birthday mom.

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00:05:12.150 --> 00:05:14.054
Julie's visits are at the home where

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she grew up at our time of filming due

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to Covin 19 she had to remain outside,

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only permitted to see her

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mother through the window.

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She's not allowed to stay 5 minutes

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past visitation time or arrive early.

NOTE Confidence: 0.885323393333333

00:05:26.650 --> 00:05:28.560
This shouldn't be allowed to

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happen to anyone prisoners.

NOTE Confidence: 0.885323393333333

00:05:32.760 --> 00:05:35.228
Prisoners, people who are incarcerated

NOTE Confidence: 0.863846573333333

00:05:35.260 --> 00:05:38.899
get more visitation time than my mother does.

NOTE Confidence: 0.882183967142857

00:05:39.220 --> 00:05:44.855
Happy birthday to you. I love you.

NOTE Confidence: 0.939170456666667

00:05:55.430 --> 00:05:57.458
But it wasn't always like this.

NOTE Confidence: 0.794412143333333

00:06:00.680 --> 00:06:02.888
There you go. Get down Mama.

NOTE Confidence: 0.7832206

00:06:04.150 --> 00:06:06.462
Of her mother, but a $300,000

NOTE Confidence: 0.7832206

00:06:06.462 --> 00:06:07.710
loan from Julie's mother,

NOTE Confidence: 0.7832206

00:06:07.710 --> 00:06:09.630
Carol changed everything.

NOTE Confidence: 0.841226332222222

00:06:11.540 --> 00:06:13.325
I was purchasing a condominium

NOTE Confidence: 0.841226332222222

00:06:13.325 --> 00:06:14.753
up in Marin County.

NOTE Confidence: 0.841226332222222

00:06:14.760 --> 00:06:17.252
My mother agreed to provide a an

NOTE Confidence: 0.841226332222222

00:06:17.252 --> 00:06:19.362
equity loan against her home in

NOTE Confidence: 0.841226332222222

00:06:19.362 --> 00:06:21.616
order for me to obtain my mortgage.

NOTE Confidence: 0.767138883333333

00:06:21.680 --> 00:06:24.200
The loan sparks disagreements between Julian.

NOTE Confidence: 0.767138883333333

00:06:24.200 --> 00:06:26.348
Some siblings resulting in their mother

NOTE Confidence: 0.767138883333333

00:06:26.348 --> 00:06:28.221
being placed under the conservatorship

NOTE Confidence: 0.767138883333333

00:06:28.221 --> 00:06:30.895
of a fiduciary named Carolyn M Young.

NOTE Confidence: 0.767138883333333

00:06:30.900 --> 00:06:33.868
It's something Julie is adamantly opposed to.

NOTE Confidence: 0.884359725384615

00:06:33.900 --> 00:06:35.948
I will never not be upset that we

NOTE Confidence: 0.884359725384615

00:06:35.948 --> 00:06:38.069
have a third party conservator,

NOTE Confidence: 0.903235164

00:06:38.100 --> 00:06:39.840
but the family is divided.

NOTE Confidence: 0.903235164

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One of her five siblings,

NOTE Confidence: 0.903235164

00:06:41.410 --> 00:06:44.140
Alison Schofield, is in favor of it.

NOTE Confidence: 0.903235164

00:06:44.140 --> 00:06:45.142
Allison declined our

NOTE Confidence: 0.903235164

00:06:45.142 --> 00:06:46.478
request to interview her,

NOTE Confidence: 0.903235164

00:06:46.480 --> 00:06:48.384
but in an email she said to US,

NOTE Confidence: 0.903235164

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quote Julie Doherty is 100% the reason

NOTE Confidence: 0.903235164

00:06:51.420 --> 00:06:54.045
our family has Carolyn M Young fiduciary

NOTE Confidence: 0.903235164

00:06:54.045 --> 00:06:56.239
overseeing our mothers estate and quote.

NOTE Confidence: 0.903235164

00:06:56.240 --> 00:06:58.770
She also questioned Julie's motives.

NOTE Confidence: 0.903235164

00:06:58.770 --> 00:06:59.990
Their brother, James Doherty,

NOTE Confidence: 0.903235164

00:06:59.990 --> 00:07:01.820
appears to also be in favor.

NOTE Confidence: 0.903235164

00:07:01.820 --> 00:07:03.340
According to the court documents,

NOTE Confidence: 0.903235164

00:07:03.340 --> 00:07:05.866
he filed objecting to Julie's Conservatore

NOTE Confidence: 0.903235164

00:07:05.866 --> 00:07:08.160
and backing the appointment of young,

NOTE Confidence: 0.903235164

00:07:08.160 --> 00:07:10.120
their other sister, Michelle Vinyl,

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00:07:10.120 --> 00:07:12.075
said she's formed cynical opinions

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00:07:12.075 --> 00:07:13.639
of the conservatorship and

NOTE Confidence: 0.903235164

00:07:13.639 --> 00:07:15.399
that she agrees with Julie.

NOTE Confidence: 0.903235164

00:07:15.400 --> 00:07:16.980
That quote young and company,

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including all those interconnected

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from the judicial system,

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00:07:20.080 --> 00:07:22.258
an attorneys down to the concierge,

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doctors and nurses unquote

NOTE Confidence: 0.903235164

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are all feeding from a quote,

NOTE Confidence: 0.903235164

00:07:26.160 --> 00:07:28.542
parasitic straf that will deplete enough

NOTE Confidence: 0.903235164

00:07:28.542 --> 00:07:30.972
assets that should have been enough

NOTE Confidence: 0.903235164

00:07:30.972 --> 00:07:33.300
to endure for three lifetimes unquote.

NOTE Confidence: 0.903235164

00:07:33.300 --> 00:07:34.380
The 5th sibling.

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00:07:34.380 --> 00:07:36.540
We never received a response from,

NOTE Confidence: 0.903235164

00:07:36.540 --> 00:07:38.900
despite numerous requests for months.

NOTE Confidence: 0.903235164

00:07:38.900 --> 00:07:40.300
Carolyn Young would not grant

NOTE Confidence: 0.903235164

00:07:40.300 --> 00:07:41.700
us an on camera interview,

NOTE Confidence: 0.903235164

00:07:41.700 --> 00:07:43.416
but she did answer some of

NOTE Confidence: 0.903235164

00:07:43.416 --> 00:07:44.560
our questions in writing.

NOTE Confidence: 0.903235164

00:07:44.560 --> 00:07:47.024
She provided us with a list of legal

NOTE Confidence: 0.903235164

00:07:47.024 --> 00:07:48.688
actions taken in Elsie's case.

NOTE Confidence: 0.903235164

00:07:48.690 --> 00:07:51.000
Saying in part none of these actions

NOTE Confidence: 0.903235164

00:07:51.000 --> 00:07:53.340
were initiated by her and in home care,

NOTE Confidence: 0.903235164

00:07:53.340 --> 00:07:55.225
or what's burdened the estate

NOTE Confidence: 0.903235164

00:07:55.225 --> 00:07:57.110
financially As for what Julie's

NOTE Confidence: 0.903235164

00:07:57.176 --> 00:07:59.386
mom Carol thought about a

NOTE Confidence: 0.903235164

00:07:59.386 --> 00:08:00.270
conservatorship herself.

NOTE Confidence: 0.903235164

00:08:00.270 --> 00:08:02.804
It's shown in the court investigators report.

NOTE Confidence: 0.903235164

00:08:02.810 --> 00:08:04.238
The report says that

NOTE Confidence: 0.903235164

00:08:04.238 --> 00:08:05.309
after interviewing Carol,

NOTE Confidence: 0.903235164

00:08:05.310 --> 00:08:07.416
they determined that she was quote

NOTE Confidence: 0.903235164

00:08:07.416 --> 00:08:09.741
opposed to the appointment of the

NOTE Confidence: 0.903235164

00:08:09.741 --> 00:08:11.465
proposed conservatore unquote sibling.

NOTE Confidence: 0.903235164

00:08:11.470 --> 00:08:12.994
Issues are so old they are

NOTE Confidence: 0.903235164

00:08:12.994 --> 00:08:14.390
even addressed in the Bible.

NOTE Confidence: 0.903235164

00:08:14.390 --> 00:08:15.682
But 2000 years later,

NOTE Confidence: 0.903235164

00:08:15.682 --> 00:08:17.297
families go to the Probate

NOTE Confidence: 0.8868813824

00:08:17.310 --> 00:08:18.612
court for help.

NOTE Confidence: 0.8868813824

00:08:18.612 --> 00:08:21.216
Where it gets sticky is suppose

NOTE Confidence: 0.8868813824

00:08:21.216 --> 00:08:24.598
that your mom needs help and you and

NOTE Confidence: 0.8868813824

00:08:24.598 --> 00:08:27.830
your siblings are at war with each other.

NOTE Confidence: 0.8868813824

00:08:27.830 --> 00:08:29.888
The court's not going to appoint

NOTE Confidence: 0.8868813824

00:08:29.888 --> 00:08:32.037
one sibling or the other to

NOTE Confidence: 0.8868813824

00:08:32.037 --> 00:08:34.050
have control over Mom when there

NOTE Confidence: 0.8868813824

00:08:34.050 --> 00:08:36.310
are just these huge objections.

NOTE Confidence: 0.8868813824

00:08:36.310 --> 00:08:37.434
Flying back and forth.

NOTE Confidence: 0.8868813824

00:08:37.434 --> 00:08:38.558
So the court appoints

NOTE Confidence: 0.849990142857143

00:08:38.570 --> 00:08:39.800
a professional fiduciary

NOTE Confidence: 0.849990142857143

00:08:39.800 --> 00:08:41.440
to serve as conservatore

NOTE Confidence: 0.862134574

00:08:41.470 --> 00:08:43.050
someone who's supposed to put

NOTE Confidence: 0.862134574

00:08:43.050 --> 00:08:45.626
the interest of the school to

NOTE Confidence: 0.862134574

00:08:45.626 --> 00:08:47.456
conservate above their own interest,

NOTE Confidence: 0.862134574

00:08:47.456 --> 00:08:49.134
acting in the best interest of the

NOTE Confidence: 0.862134574

00:08:49.134 --> 00:08:50.816
conservatee is a term used over

NOTE Confidence: 0.862134574

00:08:50.816 --> 00:08:53.139
and over again in probate code. But

NOTE Confidence: 0.88719842

00:08:53.150 --> 00:08:54.455
the interpretation of best interest

NOTE Confidence: 0.88719842

00:08:54.455 --> 00:08:56.630
is in the hands of the Conservatory,

NOTE Confidence: 0.88719842

00:08:56.630 --> 00:08:58.210
and some advocates believe

NOTE Confidence: 0.88719842

00:08:58.210 --> 00:08:59.668
it can be a slippery slope.

NOTE Confidence: 0.88719842

00:08:59.670 --> 00:09:01.476
For instance, Julie and her siblings

NOTE Confidence: 0.89779551

00:09:01.490 --> 00:09:03.500
visitation schedule is what's best

NOTE Confidence: 0.891622765

00:09:03.510 --> 00:09:05.358
for their mother, according to the

NOTE Confidence: 0.891622765

00:09:05.358 --> 00:09:07.550
medical Doctor hired by the Conservatore.

NOTE Confidence: 0.891622765

00:09:07.550 --> 00:09:09.650
But Julie finds it cruel.

NOTE Confidence: 0.879994762307692

00:09:09.680 --> 00:09:11.852
I don't want visitation. I want

NOTE Confidence: 0.879994762307692

00:09:11.852 --> 00:09:14.800
to be able to spend the night. I

NOTE Confidence: 0.9222840425

00:09:14.810 --> 00:09:16.890
want to be able to hold her hand.

NOTE Confidence: 0.9222840425

00:09:16.890 --> 00:09:19.280
I want to be able to sit next to her

NOTE Confidence: 0.876910634

00:09:19.290 --> 00:09:21.600
and reassure everything is OK.

NOTE Confidence: 0.9038938575

00:09:21.630 --> 00:09:23.658
Just like most families

NOTE Confidence: 0.8935545

00:09:23.670 --> 00:09:25.482
do with their loved ones.

NOTE Confidence: 0.8935545

00:09:25.482 --> 00:09:27.183
According to court documents,

NOTE Confidence: 0.8935545

00:09:27.183 --> 00:09:28.787
disputes about visitation between

NOTE Confidence: 0.8935545

00:09:28.787 --> 00:09:30.719
siblings was occurring before the

NOTE Confidence: 0.8935545

00:09:30.719 --> 00:09:32.735
Conservatory was appointed by the court.

NOTE Confidence: 0.8935545

00:09:32.740 --> 00:09:34.748
No matter which way you look at it,

NOTE Confidence: 0.8935545

00:09:34.750 --> 00:09:37.864
you can see time with their mother is being

NOTE Confidence: 0.8935545

00:09:37.864 --> 00:09:40.217
impacted time that may be running out.

NOTE Confidence: 0.8935545

00:09:40.220 --> 00:09:43.412
Carol is 87 and has multiple chronic

NOTE Confidence: 0.8935545

00:09:43.412 --> 00:09:44.780
conditions including dementia.

NOTE Confidence: 0.8935545

00:09:44.780 --> 00:09:47.188
In February she was admitted to Hospice

NOTE Confidence: 0.815195577142857

00:09:47.200 --> 00:09:49.727
care by Mom. I love you but

NOTE Confidence: 0.87611585

00:09:49.740 --> 00:09:51.880
once a conservatorship is appointed,

NOTE Confidence: 0.87611585

00:09:51.880 --> 00:09:54.428
it can be very difficult to terminate.

NOTE Confidence: 0.6406464

00:09:56.260 --> 00:09:58.600
When and if I take on a

NOTE Confidence: 0.6406464

00:09:58.600 --> 00:09:59.840
conservative that conservators not

NOTE Confidence: 0.873008882

00:09:59.907 --> 00:10:02.240
using his or her own money, they're

NOTE Confidence: 0.873008882

00:10:02.240 --> 00:10:05.072
using the Conservatives money to defend.

NOTE Confidence: 0.873008882

00:10:05.072 --> 00:10:07.298
It's as though someone goes and

NOTE Confidence: 0.873008882

00:10:07.298 --> 00:10:10.018
robs a bank and his cotton says,

NOTE Confidence: 0.873008882

00:10:10.020 --> 00:10:11.444
well, the good thing is I have a

NOTE Confidence: 0.873008882

00:10:11.444 --> 00:10:12.947
lot of money for attorneys fees

NOTE Confidence: 0.90155461

00:10:12.980 --> 00:10:14.272
in the probate code.

NOTE Confidence: 0.90155461

00:10:14.272 --> 00:10:16.210
There is a procedure to file

NOTE Confidence: 0.90155461

00:10:16.277 --> 00:10:17.857
a petition to terminate,

NOTE Confidence: 0.90155461

00:10:17.860 --> 00:10:19.546
but you're going to be opposed.

NOTE Confidence: 0.90155461

00:10:19.550 --> 00:10:20.582
Why they conservatore?

NOTE Confidence: 0.90155461

00:10:20.582 --> 00:10:22.302
Why does the Conservatory get

NOTE Confidence: 0.90155461

00:10:22.302 --> 00:10:24.254
a saying that when there are

NOTE Confidence: 0.90155461

00:10:24.254 --> 00:10:25.759
third party because it pays?

NOTE Confidence: 0.90155461

00:10:25.760 --> 00:10:30.158
So, well, conservatorship is about money.

NOTE Confidence: 0.90155461

00:10:30.160 --> 00:10:31.748
It's about billable hours.

NOTE Confidence: 0.90155461

00:10:31.748 --> 00:10:34.130
And the more they can keep

NOTE Confidence: 0.90155461

00:10:34.210 --> 00:10:36.160
you coming into court when

NOTE Confidence: 0.876873288888889

00:10:36.170 --> 00:10:37.421
fighting a conservatorship,

NOTE Confidence: 0.876873288888889

00:10:37.421 --> 00:10:39.923
multiple parties come before a judge.

NOTE Confidence: 0.733480164

00:10:39.960 --> 00:10:41.116
But Conservatore,

NOTE Confidence: 0.733480164

00:10:41.116 --> 00:10:42.850
the conservatory's attorney,

NOTE Confidence: 0.733480164

00:10:42.850 --> 00:10:44.014
the court appointed attorney,

NOTE Confidence: 0.733480164

00:10:44.014 --> 00:10:46.010
a guardian ad litem if there's one.

NOTE Confidence: 0.733480164

00:10:46.010 --> 00:10:46.841
In some cases,

NOTE Confidence: 0.733480164

00:10:46.841 --> 00:10:48.226
they appointed guardian ad litem.

NOTE Confidence: 0.733480164

00:10:48.230 --> 00:10:49.055
In some cases,

NOTE Confidence: 0.733480164

00:10:49.055 --> 00:10:50.430
they have a number of

NOTE Confidence: 0.733480164

00:10:50.430 --> 00:10:51.649
different experts who come in.

NOTE Confidence: 0.733480164

00:10:51.650 --> 00:10:54.359
They all get paid from Moms estate.

NOTE Confidence: 0.733480164

00:10:54.360 --> 00:10:55.000
According

NOTE Confidence: 0.865242692

00:10:55.010 --> 00:10:57.350
to Carol Julie's mother's conservatorship,

NOTE Confidence: 0.865242692

00:10:57.350 --> 00:10:59.038
accountings filed through the

NOTE Confidence: 0.865242692

00:10:59.038 --> 00:11:00.726
court between November 2017.

NOTE Confidence: 0.865242692

00:11:00.730 --> 00:11:03.454
In January 2020, the court approved

NOTE Confidence: 0.865242692

00:11:03.454 --> 00:11:07.240
over 200 and $65,000 in fees for Young.

NOTE Confidence: 0.865242692

00:11:07.240 --> 00:11:09.130
Young's attorney and the Conservatives

NOTE Confidence: 0.865242692

00:11:09.130 --> 00:11:10.264
Court appointed attorney.

NOTE Confidence: 0.865242692

00:11:10.270 --> 00:11:11.848
This includes a nine day trial,

NOTE Confidence: 0.865242692

00:11:11.850 --> 00:11:13.908
were young and her attorney defended

NOTE Confidence: 0.865242692

00:11:13.908 --> 00:11:15.280
the conservatorship with them

NOTE Confidence: 0.865242692

00:11:15.338 --> 00:11:16.898
prevailing between court fees.

NOTE Confidence: 0.865242692

00:11:16.900 --> 00:11:18.780
The price of in home caregiving in the

NOTE Confidence: 0.865242692

00:11:18.780 --> 00:11:20.476
cost of living accounting show the

NOTE Confidence: 0.865242692

00:11:20.476 --> 00:11:22.531
estate has been charged over a million

NOTE Confidence: 0.865242692

00:11:22.531 --> 00:11:24.539
and a half dollars in the last four

NOTE Confidence: 0.865242692

00:11:24.539 --> 00:11:26.538
years since the conservatorship began.

NOTE Confidence: 0.865242692

00:11:26.538 --> 00:11:28.286
The second accounting shows

NOTE Confidence: 0.865242692

00:11:28.286 --> 00:11:30.608
just under 1.3 million has been

NOTE Confidence: 0.865242692

00:11:30.608 --> 00:11:32.056
transferred from the trust,

NOTE Confidence: 0.865242692

00:11:32.060 --> 00:11:32.878
young said.

NOTE Confidence: 0.865242692

00:11:32.878 --> 00:11:34.514
The significant costs associated

NOTE Confidence: 0.865242692

00:11:34.514 --> 00:11:36.500
with all litigation combined with

NOTE Confidence: 0.865242692

00:11:36.500 --> 00:11:37.945
the costs of Carol's care.

NOTE Confidence: 0.865242692

00:11:37.950 --> 00:11:40.065
Are the overwhelming cause of

NOTE Confidence: 0.865242692

00:11:40.065 --> 00:11:42.180
the depletion of the trust.

NOTE Confidence: 0.865242692

00:11:42.180 --> 00:11:42.370
The

NOTE Confidence: 0.865294145555556

00:11:42.380 --> 00:11:45.338
worst part more than my mother

NOTE Confidence: 0.865294145555556

00:11:45.338 --> 00:11:47.400
losing her assets. Is it?

NOTE Confidence: 0.865294145555556

00:11:47.400 --> 00:11:49.140
My mother has lost her family?

NOTE Confidence: 0.865294145555556

00:11:49.140 --> 00:11:52.284
I've been robbed of time with my mom.

NOTE Confidence: 0.846628677142857

00:11:57.400 --> 00:11:59.353
But even if you think your family's

NOTE Confidence: 0.846628677142857

00:11:59.353 --> 00:12:01.499
wishes or set via your trusted well,

NOTE Confidence: 0.846628677142857

00:12:01.500 --> 00:12:03.750
Lisa says, you should think twice.

NOTE Confidence: 0.880917875384615

00:12:03.780 --> 00:12:06.588
And we discovered that all of her estate

NOTE Confidence: 0.880917875384615

00:12:06.588 --> 00:12:08.428
planning documents have been changed.

NOTE Confidence: 0.857109146333333

00:12:08.470 --> 00:12:10.648
Our interview occurred two days before

NOTE Confidence: 0.857109146333333

00:12:10.648 --> 00:12:13.250
Linda was evaluated by a Doctor Who

NOTE Confidence: 0.857109146333333

00:12:13.250 --> 00:12:14.702
declared her incapacitated saying

NOTE Confidence: 0.857109146333333

00:12:14.702 --> 00:12:16.635
she has severe cognitive decline

NOTE Confidence: 0.857109146333333

00:12:16.635 --> 00:12:18.987
and that Linda doesn't show quote

NOTE Confidence: 0.857109146333333

00:12:18.987 --> 00:12:21.490
knowledge that she's being conserved.

NOTE Confidence: 0.79364310875

00:12:22.180 --> 00:12:24.622
This what these other people come

NOTE Confidence: 0.79364310875

00:12:24.622 --> 00:12:26.730
along and. Plan to interfere

NOTE Confidence: 0.79364310875

00:12:26.730 --> 00:12:29.019
with your life, you know. But

NOTE Confidence: 0.876312685333333

00:12:29.030 --> 00:12:30.766
according to court records,

NOTE Confidence: 0.876312685333333

00:12:30.766 --> 00:12:32.936
Linda's cognitive slip happened over

NOTE Confidence: 0.876312685333333

00:12:32.936 --> 00:12:35.230
the last year in September 2019,

NOTE Confidence: 0.876312685333333

00:12:35.230 --> 00:12:37.438
less than a year before being

NOTE Confidence: 0.876312685333333

00:12:37.438 --> 00:12:38.174
declared incapacitated.

NOTE Confidence: 0.876312685333333

00:12:38.180 --> 00:12:40.350
Linda signed estate planning documents,

NOTE Confidence: 0.876312685333333

00:12:40.350 --> 00:12:41.484
appointing Carolyn Young

NOTE Confidence: 0.876312685333333

00:12:41.484 --> 00:12:43.374
and her son Zach Young,

NOTE Confidence: 0.876312685333333

00:12:43.380 --> 00:12:45.462
to serve as trustee and potential

NOTE Confidence: 0.876312685333333

00:12:45.462 --> 00:12:47.709
Conservatory of a state if warranted.

NOTE Confidence: 0.809196066

00:12:47.740 --> 00:12:49.620
A new will was created.

NOTE Confidence: 0.809196066

00:12:49.620 --> 00:12:51.420
Our family trust was changed,

NOTE Confidence: 0.809196066

00:12:51.420 --> 00:12:53.280
and a new trust was created.

NOTE Confidence: 0.809196066

00:12:53.280 --> 00:12:54.908
There were new trustees

NOTE Confidence: 0.87142793

00:12:54.920 --> 00:12:57.153
put in place. In the medical evaluation

NOTE Confidence: 0.87142793

00:12:57.153 --> 00:12:59.323
it says Linda's legal counsel asserted

NOTE Confidence: 0.87142793

00:12:59.323 --> 00:13:01.621
she had relevant civil capacities to

NOTE Confidence: 0.87142793

00:13:01.621 --> 00:13:03.880
create these estate plans. All this

NOTE Confidence: 0.868016703666667

00:13:03.890 --> 00:13:06.206
was very surprising because for the

NOTE Confidence: 0.868016703666667

00:13:06.206 --> 00:13:09.939
past 22 years my mom has had the same

NOTE Confidence: 0.868016703666667

00:13:09.939 --> 00:13:12.054
estate planning documents that trust

NOTE Confidence: 0.868016703666667

00:13:12.130 --> 00:13:14.802
has been the same and we just assumed

NOTE Confidence: 0.868016703666667

00:13:14.802 --> 00:13:17.661
that it would be that way and left alone

NOTE Confidence: 0.868016703666667

00:13:17.661 --> 00:13:20.420
the way that my mom and dad set it up.

NOTE Confidence: 0.819055067

00:13:20.430 --> 00:13:22.662
When we asked young fiduciary services

NOTE Confidence: 0.819055067

00:13:22.662 --> 00:13:24.150
about changing clients trusts,

NOTE Confidence: 0.819055067

00:13:24.150 --> 00:13:26.246
they noted how this must be done through.

NOTE Confidence: 0.819055067

00:13:26.250 --> 00:13:28.350
Court petition in order giving

NOTE Confidence: 0.819055067

00:13:28.350 --> 00:13:30.450
beneficiaries the ability to object

NOTE Confidence: 0.819055067

00:13:30.515 --> 00:13:32.675
and saying this is extremely rare.

NOTE Confidence: 0.819055067

00:13:32.680 --> 00:13:34.474
So even if you made your

NOTE Confidence: 0.819055067

00:13:34.474 --> 00:13:35.990
trust years or decades ago,

NOTE Confidence: 0.819055067

00:13:35.990 --> 00:13:38.416
a conservatore can come in and change it,

NOTE Confidence: 0.839186675833333

00:13:38.450 --> 00:13:39.918
they can. They can.

NOTE Confidence: 0.839186675833333

00:13:39.918 --> 00:13:41.386
Now they petition the

NOTE Confidence: 0.839186675833333

00:13:41.386 --> 00:13:42.989
court for the change,

NOTE Confidence: 0.839186675833333

00:13:42.990 --> 00:13:44.470
and it's fairly common,

NOTE Confidence: 0.839186675833333

00:13:44.470 --> 00:13:46.690
but it can also be tearable.

NOTE Confidence: 0.839186675833333

00:13:46.690 --> 00:13:48.475
It could be cutting out

NOTE Confidence: 0.839186675833333

00:13:48.475 --> 00:13:49.189
other beneficiaries.

NOTE Confidence: 0.859853914545454

00:13:50.170 --> 00:13:51.820
Conservatorship's were created to assist

NOTE Confidence: 0.859853914545454

00:13:51.820 --> 00:13:54.030
and protect our most vulnerable population,

NOTE Confidence: 0.859853914545454

00:13:54.030 --> 00:13:56.536
are elderly and many of them do.

NOTE Confidence: 0.859853914545454

00:13:56.540 --> 00:13:58.955
But our yearlong investigation found

NOTE Confidence: 0.859853914545454

00:13:58.955 --> 00:14:01.045
that California's multibillion dollar

NOTE Confidence: 0.859853914545454

00:14:01.045 --> 00:14:03.185
conservatorship industry is powerful,

NOTE Confidence: 0.859853914545454

00:14:03.190 --> 00:14:05.590
with little oversight from state regulators

NOTE Confidence: 0.859853914545454

00:14:05.590 --> 00:14:08.270
opening the door to potential abuse.