Questions continue to surround Redlands (CA) conservator industry

Redlands Conservator’s Actions Raise Questions
Janet Phelan
January 4, 2010
Scamraiders.com
http://www.scamraiders.com/profiles/blogs/redlands-conservators-actions
A prominent and well-connected Redlands conservator has been under investigation by the San Bernardino County grand jury and has had her fiduciary license denied by the California State Professional Fiduciary Bureau.

Melodie Z. Scott, President of Conservatorship and Resources for the Elderly, also known by its corporate acronym C.A.R.E. Inc., received some bad press back in 2005 when the Los Angeles Times published a front page series exposing questionable business practices of professional conservators. As a result of the public outcry over the articles, the California State Legislature swung into action and passed the Omnibus Conservatorship Reform Act of 2006. The act established the Professional Fiduciary Bureau as a means to license and regulate professional fiduciaries and conservators, who manage the affairs of the elderly, disabled and often family trusts, as well.

Melodie Scott applied for this license and in August of 2008 it was denied on grounds that she had made misrepresentations on her application.

Blacks law dictionary defines a conservator as a ‘protector or guardian.’ A conservatorship is generally initiated through a court proceeding, when there are allegations that a person is becoming forgetful or is otherwise unable to handle his or her affairs. A “conservatorship of person” may be launched for another party to make personal decisions for the alleged incapacitated person. Upon initiation of a “conservatorship of estate,” however, all the assets are immediately transferred to the “care and protection” of the professional conservator.

This is how it works: A family member, or even a neighbor, may notice that an elderly person is alone and may be increasingly vulnerable. Depending on the morality and authenticity of the concerned party, that person may contact adult protective services, or may attempt to file for guardianship over the elder, in order to either protect or to gain access to that person’s funds. The police may become involved, if there are allegations of lack of capacity or of financial orphysical abuse. This opens the door for the professional conservator, buttressed by his or her lawyers, to take advantage of the situation.

A linchpin in this system in San Bernardino County is C.A.R.E., Inc., which is located a mere stone’s throw from the Redlands Courthouse, in a quaint, two story building at 25 E. State Street. The “C.A.R.E. Group” consists of conservator Melodie Z. Scott, president and founder of C.A.R.E. and, up until recently, Lawrence Dean II, and their attorneys, and an office support staff including caseworkers, bookkeepers and more. For many years, Scott was primarily represented by Hartnell, Horspool and Fox, which has split into two firms–Hartnell, Lister and Moore, and Horspool and Parker. Lawrence Dean disassociated himself from Scott following the denial of her license and has moved to other offices. According to the Los Angeles Times, Dean has also been under grand jury investigation.

J. David Horspool appears as chief counsel on the lion’s share of C.A.R.E. cases. Horspool is a former councilman and mayor pro-tem of Moreno Valley, and was implicated in a vote fraud issue there in the nineties, during his campaign for city council.

The Horspool family was the subject of a Los Angeles Times article on September 17, 2006, which recounted how J. David Horspool put his own father, Raymond Horspool, a WWII veteran and former chemist, under a conservatorship. Raymond Horspool had previously granted a piece of property to another son, William Horspool, in 2005. J. David Horspool recently had that property transfer nullified and the court has issued an eviction order for William Horspool, his wife and small children.

This issue has been appealed.

Bryan Hartnell has contracted with the county and serves as counsel for the LPS (mental health) conservatorships. Hartnell recently received some national press, as one of the survivors of the infamous Zodiac killer, when the “Zodiac” movie hit the big screen. Hartnell had a bit part in the movie. While some detailed crime analysis has indicated that the attack on Hartnell and Cecelia Shepard was a copy-cat and not a bonafide Zodiac attack, this was not brought to light on the silver screen. Hartnell escaped with non-life threatening injuries, but Shepard died as a result of the attack.

A smattering of “independent” attorneys also serve the “C.A.R.E. Group,” such as president of the High Desert Bar Association, Sherri Kastilahn. Some of the court-appointed counsel for potential conservatees are known to regularly lob their clients in the direction of Scott and Dean. These include attorneys Donnasue Ortiz and Lenita Skoretz, among others.

By some estimates, the ”C.A.R.E. Group” now has connections to 60-70% of the conservatorship and estate administration cases in San Bernardino County.

One attorney, speaking on condition of anonymity, voiced her opinion that all San Bernardino probate cases were moved to Redlands a few years back to accommodate the “C.A.R.E. Group,” most of whom maintain their offices in Redlands, within walking distance of the courthouse.

At the apex of this group is Melodie Z. Scott, who has been referred to as the richest and most powerful conservator in Southern California. A tall, well-dressed blonde with a college education and a private investigator’ s license, Scott has a reputation as a bon vivant and frequently socializes with elected officials and other members of San Bernardino’s upper crust. Her resume reads like a poster-girl for an accomplished and respected conservator, and includes expert witness status, college level teaching experience (at California State University at Fullerton) a stint as president of the Professional Conservators of Southern California, as well as serving as a board member for Redlands Family Service. Like her attorney, Horspool, she has also run for public office.

However, behind the tasteful, expensive exterior at 25 E. State Street, an entirely different picture has emerged, revealing a reality both shocking and disturbing to those who have placed blind confidence in the court and conservatorship systems. The “C.A.R.E. Group” is, in fact, preying on the life-savings of its helpless and vulnerable clients, many of whom have died very quickly as C.A.R.E. has sucked the lifeblood out of their estates.

According to Jerry Villanueva, an investigator with the San Bernardino County district attorney’s office, five separate counties have received complaints alleging criminal activity by Melodie Scott and her crew. Villanueva recently revealed that all incoming reports concerning Scott are being referred to the California Attorney General’s office, which has so far not filed criminal charges against Scott’s group. According to Ron Smetana, acting senior assistant attorney general for the state of California, a lack of resources to investigate issues such as conservatorship fraud and malfeasance has hampered the potential prosecution of individuals such as Melodie Scott. Smetana refused to discuss specifics with regard to certain embezzlement allegations or to which other departments or divisions in the attorney general’s office those allegations may have been referred. Smetana grew particularly tight lipped with regard to inquiries about felony murder allegations touching upon Scott and her actions.

Inappropriate End-of-Life Decisions

“I don’t ‘do’ families,” Melodie Scott brusquely stated, in response to a query as to the services offered by C.A.R.E.

A review of the court files in Redlands Superior Court largely substantiates this. On numerous occasions, C.A.R.E. has filed for conservatorship of elderly women, left vulnerable after the death of a spouse, with offspring or other familly members either out of state or otherwise absent from the picture. When there are family members present to witness the actions taken by Melodie Scott, in concert with other members of the C.A.R.E. Group, they generally end up quite upset.

Case in point is the Elizabeth Fairbanks case, on file in the Redlands Court. Mary Beth Fairbanks, the daughter of deceased conservatee Elizabeth Fairbanks, first contacted a reporter for the Sentinel in the Fall of 2006. Following what Mary Beth repeatedly referred to as the murder of her mother at the direction of Melodie Z. Scott, the younger Fairbanks organized a demonstration in front of the San Bernardino County Courthouse, timed with her appearance in court on October 13, 2006, to lodge her protest with Superior Court Judge Frank Gafkowski. A number of family members, conservatorship victims and others impacted by Melodie Z. Scott, showed up at the demonstration, which was covered on the local ABC affiliate and by local press.

A review of the medical records prior to Fairbanks’ death substantiates Mary Beth’s allegation that directives by Melodie Z. Scott, conservator of person and estate for Elizabeth Fairbanks, were instrumental in the elderly woman’s death.

Unbeknownst to the family, Melodie Scott had signed a “do not resuscitate” order (DNR) shortly after achieving conservatorship over Fairbanks. This DNR is on file with the court and Fairbanks’ signature does not appear on this document.

In 2006, Fairbanks fell ill with pneumonia, and at the apparent direction of Scott, received only two doses of antibiotics during the entire course of the illness, according to medical records. At a critical moment in her increasing respiratory distress, she was administered two doses of the opiate, Roxanol, which put Fairbanks into respiratory arrest. Two hours following the administration of the second, more powerful dose of Roxanol, Fairbanks died. Roxanol is contraindicated for patients with respiratory problems. Dr. Victoria Rains supervised her care.

It was later revealed in the accountings that Elizabeth Fairbanks had no money left to fund the conservatorship. The following statement was filed by Mary Beth Fairbanks in San Bernardino Court: “I have attempted since 2003 to find an attorney to help me with stopping what Ms. Scott was doing. No attorney would help me due to Ms. Scott’s power in the San Bernardino area….My mother died of pneumonia, which has a good success rate if treated aggressively and correctly. Why would Ms. Scott think if my mother was hospitalized and aggressively treated that she could end up a vegetable? If my mother had a stroke I could understand what Ms. Scott did but not to give my mother a chance is incomprehensible to me.”

Judge Michael Welch wrote a decision in the Fairbanks case, and diligently avoided any questions of possible criminal behavior by Melodie Scott. He took a quick detour around the issue of whether Fairbanks herself actually requested or even knew of the “do not resuscitate” order. He wrote: “Apparently, shortly after Ms. Scott became the conservator, the conservatee had requested a “do not resuscitate” (DNR) order. Ms. Scott’s notes reflect that the conservatee had the capacity to make such a decision…. The children all testified that they did not know their mother had made such a request. In fact, they were adamant that their mother had expressed to them just the opposite….”

The statement that “Apparently” Fairbanks had requested the DNR does not resolve the issue that there is no indication, other than the statement by her conservator, that Fairbanks did so. Moreover, Fairbanks was under an LPS conservatorship, which was initiated because of her lack of capacity. She had a medical diagnosis of substantial mental illness. To state that a person who has been deemed incompetent has capacity to make a decision of this magnitude is a contradiction in terms. In this way, Welch, while transparently attempting to exonerate Melodie Scott from any liability in the events that led to the elder Fairbanks’ death, encountered an equally transparent absurdity in the circle of logic he had constructed.

Welch then quickly moved on, seeking to paper over the logical absurdity by making a seemingly heartfelt but ultimately empty summation of the Fairbanks family’s loss of their mother. Welch wrote, “The last few days and, later, the last few hours before (Fairbanks’) death were very painful for her children. I could not help but note their grief and sorrow at the news of her passing.”

That being said, Judge Welch summarily approved all accountings and actions by the conservator, Melodie Scott, and closed the case.

In an email to a family member, which was forwarded to the Sentinel, one of Scott’s attorneys, J. David Horspool, attempted to exonerate the withholding of antibiotics from Elizabeth Fairbanks. Providing an interpretation of the treatment choices made for Elizabeth Fairbanks during her final, fatal bout with pneumonia that clashed with the interpretation of Fairbanks’ daughter, Horspool wrote: “Mary Beth is upset because Melodie let her mother die peacefully (as was Elizabeth’s expressed wish) rather than have her hooked up to machines just to keep her alive. Right now I think she is trying to set up a complaint for elder abuse/neglect or medical malpractice. As I said, she is just looking for money.”

Dr. Rains is one of the doctors generally used by Melodie Scott, to care for her elderly clients. A review of death certificates reveals that Dr. Rains has listed “pneumonia” as cause of death for a number of other C.A.R.E. conservatees.  Calls to Dr. Rains requesting input as to whether she regularly withholds life-saving antibiotics from her elderly patients went unreturned.

“Just Do It!”

After gaining conservatorship over an elderly or disabled individual, Scott, as a matter of course, applies to the court for a “Power of Health Care.” Armed with this legal sanction to make life and death decisions, Scott routinely signs a DNR order, thus cementing her power to withhold medical care at the point when her client is no longer of financial use to her.In the case of Stevie Price, Scott used this “Power of Health Care” both to limit medical care and to issue directives for medical procedures which proved unnecessary and life-threatening for her disabled client.

At age nine, Stevie Price was critically injured in an emergency room foul-up, which left him with a permanent brain injury. His parents, Steve and Fae, sued Loma Linda University Medical Center and prevailed.

A couple of years after the incident, Steve and Fae separated. It was during a custody hearing in 1997, when the elder Steve Price noticed an attorney sitting in the back of the courtroom taking notes. The attorney, it turned out, was Walter Moore (now a partner in Hartnell, Lister and Moore), one of the attorneys who regularly appears as counsel for Melodie Scott.Before the Prices knew it, the court had determined that an ‘impartial’ third party was needed to represent Stevie. Judge Kathleen Bryant appointed Walter Moore as Stevie’s attorney, who immediately nominated Melodie Z. Scott as guardian of Stevie’s person.

Scott soon gained control over Stevie’s trust, as well. After being appointed temporary guardian, Ms. Scott used $300,000 of Stevie’s trust, in attorney’s fees, expert witness fees, etc., to achieve the status of permanent guardian in a trial inexplicably held in a different city, before a traffic court judge, Judge Frank Heene of Chino Municipal court.

It should be noted that Heene was subsequently brought up on nine counts of misconduct, and retired from the bench.According to Steve Price, the “C.A.R.E. Team” manipulated Fae in order to gain control of the trust, promising her standing in the case, which never materialized. Steve Price ended up in a protracted legal battle with Scott, in an attempt to protect his son’s life and the funds so necessary to care for the child.

On the very same day that Melodie Scott was finally removed from the case, Stevie Price died. The elder Price was then to discover, to his further horror, that Scott had run through the entire multi-million trust.

“The trust should have been banking, not losing money,” states Steve Price. Prior to Melodie Scott’s appointment, Price had carefully researched his son’s options, and had made decisions which would guarantee excellent medical care, while protecting the trust, which was anticipated to last Stevie’s lifetime. Price saw no reason that his son should not live to a ripe old age, if given appropriate care.

He had enrolled Stevie in a medical insurance plan which was funded by state tobacco taxes– MR/MIP (Major Risk Medical Insurance Program) with Medi-Cal as a secondary insurance.

A chunk of Stevie’s malpractice settlement had gone to settle his Medi-Cal bill, and to enable his enrollment with MR/MIP as his primary. With less than $100 as a monthly premium and no pay-back requirement on death, MR/MIP also provided a far higher standard of care than the bare bones, minimal coverage provided by Medi-Cal. Upon achieving guardianship, Melodie Scott voluntarily removed Stevie from this program, thus severely restricting his medical care to what the limited Medi-Cal program would cover. This also unnecessarily incurred a Medi-Cal claim of $532,607.39 at Stevie’s death. What remained in Stevie’s trust at that point was inadequate to cover this claim.

Steve Price claims that this action by Melodie Scott “seem(s) to have intentionally defrauded Medi-Cal into paying Stevie’s medical expenses and exposed both him and his estate to harm.” In a report to the California Attorney General’s office, Price also states that “we believe that this was a major factor in his death.” In another aggressive move, which Price believes was an effort to remove Stevie from his father’s watchful eye and to place him further under Scott’s control, she ordered that Stevie undergo a tracheotomy in 2000. Most institutional facilities which would be appropriate for someone with Stevie’s injuries generally only accept patients with tracheotomies. Scott failed to provide any diagnostic proof of the necessity of this procedure, and in defiance of the opinion of Stevie’s long term pulmonary specialist and home-health nurses, applied for and received court permission to have the tracheotomy performed.

Perched on the corner of a pleasant Yucaipa street, Steve Price’s sprawling, ranch-style home is a virtual shrine to personal tragedy. The walls are bedecked with photographs of his young son, surrounded by family and friends. A framed poem, by Stevie’s former nurse and now Price’s fiancée, Tammy Hull, urges those on this side of the grave to remain strong and loving, even in the face of such wrenching loss. But for Steve Price, justice has become elusive. The California Attorney General’s office expressed disinterest in his meticulously documented complaint, which included evidence of Scott’s attempt to further pad her pocket by taking out two burial plots on young Stevie, one of which went unreported to the court, and was to be cashed in by Scott on the death of her client.

Equal Protection Under the Law?

The California AG’s office received another bundle of complaints in March of 2007. The carefully documented complaints alleged embezzlement, property theft, perjury, denial of due process by judges in C.A.R.E. cases, attempted murder and continued suppression of reports received by lower level justice agencies, including the Redlands and Temecula Police Departments and a local district attorney’s offices. These reports powerfully buttress the perception that the “C.A.R.E. Group” is wielding undue influence all the way up the California justice system.

These reports were received by senior assistant attorney general Mark Geiger on March 6, 2007 and put back into the mail to the senders the same day. Casting around for a plausible explanation to explain his office’s unwillingness to take up the case, Geiger stated, “….these are matters beyond my area of developed criminal expertise.”Further, Geiger said of the alleged criminal activity that had been brought to his attention, “…. the statute of limitations has run on many of the alleged offenses.” This was, in fact, in direct contradiction to the evidence and time lines supplied in the March reports. Rather, the alleged crimes were reported well within the statutory time limits to local law enforcement agencies, which had also failed to act.

Most tellingly, Geiger also neglected to assign a complaint number to the March reports.

As a matter of course, and for tracking purposes, an incoming complaint to the Department of Justice is always assigned a complaint number. By first omitting and then refusing to assign a number, Geiger tacitly revealed that he buried the reports.

Scott’s influence appears to go all the way up to the federal level. The head of the Civil Rights Division for the Riverside F.B.I. told one complainant that there were “massive civil rights violations” substantiated by the complainant, but that agency “took no action.” An agent in the Los Angeles office of the F.B.I. stated, with brazen inaccuracy, that conservatorships were a “civil” matter and that the F.B.I did not investigate civil matters. When that complainant provided evidence that crimes were being committed under the mantle of “civil” court procedures, she was funneled into a telephonic “black hole,” and was refused any more access to a duty agent.

Keep It in the Family

Melodie Scott’s business dealings have regularly benefitted members of her family. Her mother, Jo Williams, also known as Anna Williams, works out of the 25 E. State Street offices as a “client care” specialist. Williams’ name also appeared on the property at 26735 Redlands Blvd, which was formerly the site of Orange Blossom, an unlicensed assisted living center, previously owned by Melodie Scott. The property, which burned to the ground recently, was sold to Loma Linda Hospital for a cool seven figures. Scott’s sister, Dona Zinck, has appeared on accountings as being reimbursed for grocery shopping services. Another family member, Alvin Zinck, has been the recipient of at least one property transfer, which he apparently received free of charge. In 1994, Alvin and Lois Zinck were the recipients of a 1958 Terry Trailer, which had previously belonged to one Lois B. Nightingale, who was under conservatorship with Melodie Scott. The bill of sale, signed by Melodie
Scott as conservator for Lois Nightingale, notes that “This trailer traded for yard clean-up services and labor.”

The Family Home

Under the laws governing conservatorships of estate, Scott has total access to all the conservatee’s bank accounts and may, with the court’s approval, sell the conservatee’s property in order to further pay for her services. An unusual pattern has emerged concerning the sale of real property, which is always approved by Scott’s judges. Probate property, as it is called, be it under a conservatorship case or under the estate administration of the “C.A.R.E. Group,” is generally substantially under-appraised and sold at a still deeper discount from the initially low appraisal.

Here is a short list of such transactions, garnered from the Redlands probate files and matched up with the San Bernardino’s tax assessor’s office:

Elmer Archie Heath 23538 Court St, San Bernardino
Appraised at $60,000
Sold at $28,600

Heath’s vacant lot on Joshua Road, Palm Desert
Appraised at $8,000
Sold at $1,000

Mary Titus 49888 Senilis Ave, Morongo Valley
Appraised at $35,000
Half interest sold at $3000

Evelyn Townsend 1244 Ramona Drive, Redlands
Appraised at $140,000
Sold at $110,000

Mattie Kirby 1028 W. 9th, San Bernardino
Appraised at $65,000
Sold at $43,000

After being sold off at bargain basement prices, many of these properties suddenly and without explanation dramatically increase in assessed value. For example, the “C.A.R.E. Group” handled the estate administration for Rachel Norris, whose single family home in Victorville, California, was appraised at $2,788 – that is, $212 less than $3,000. The home was then sold to a Gary Salonsin, in November of 2004, at that price.

Incomprehensibly, the assessed value then jumped to $76,000, and Salonsin quickly sold it in a “flip” to Ilona Winegarden, where it was re-assessed at $96,900. Conservatee Arthur Gurley’s vacant Victorville lot jumped in assessed value from $7,273 to $44,880 when it passed into the hands of Eagle Assets & Management LLC in 2005, and his Victorville cabin also skyrocketed in value from $8,312 to over $57,000 when Eagle acquired this property, also in 2005.

The list goes on and on. Lena Peden’s retail business, appraised at $15,392, jumped in appraisal to over $81,000 as soon as it was acquired in 2006. The jumps and flips are too numerous to list here; however, it should be noted that former San Bernardino County assessor Bill Postmus is also being investigated by the San Bernardino County grand jury. He was arrested on drug charges this past January and resigned his office.

As the sole heir of the estate of conservatee Una Haley, Sheryl Morgan received absolutely nothing. Morgan, who was Haley’s granddaughter, had applied to be her conservator, only to have this strong-armed away from her by the “C.A.R.E. Group.”

Morgan has stated that this group outright stole the proceeds from the sale of Haley’s home. The court file reveals that conservator Lawrence Dean and his attorney Craig Parker (of Hartnell, Horspool and Fox) did an even divvy of the remains of Haley’s estate. In the final distribution, Dean and Parker declared to the court on August 26, 2003 that they each received $4,775.15. This poses some alarming questions. Parker’s per hour fees as an attorney are roughly in the $200-$250 range, while Dean’s services are generally in the neighborhood of $40.00 an hour. There is simply no probable mathematical equation which could have resulted in the even divide of the remaining money.

Missing Checks

Another source of potential fraud involves the issue of skipped check numbers in Melodie Scott’s general ledgers. The Sentinel has unearthed partial general ledger reports on two C.A.R.E. conservatorships- – Dora Pakuts, in San Bernardino and one from a Riverside case. In both ledgers, there are numerous skipped check numbers, with no explanation provided, such as a “void” notation, should a check be cancelled out. One of these checks, written by Melodie Scott on a conservatee’s account for over $4,000, a copy of which has been obtained by the Sentinel, was never reported to the court or noted in the general ledger.

Of grave concern is the fact that the bank and brokerage statements of the conservatees’ s assets, which are filed as “confidential” with the courts, are unavailable for oversight by the conservatee or her attorney, a family member, or any member of the public. Recent bank records leaked to the Sentinel by an informant in Riverside court points to tens of thousands of dollars siphoned off by Melodie Scott in at least one case, right after the conservatee passed on. These five figure withdrawals, listed as “miscellaneous debits” in the Redlands Community Bank statement,were never recorded or in any manner accounted for in the “official” and public accountings of the trust assets.

A critical shortcoming allowing abuses in the conservatorship process consists of the failure of governmental agencies working in conjunction with and overseeing the conservators to exercise the full range of their authority.

One of the duties of a court- employed “probate examiner” is to examine the financial records for indications of possible malfeasance or error. However, in a conversation with a Sentinel reporter two months ago, attorney David Bowker, who serves as a “probate examiner” for Riverside Court, bolted from the generic question as to whether the probate examiners had access to the “confidential bank and brokerage” statements. He refused to answer the question as to his job description, and terminated the interview shortly thereafter. Attorney Mike Capelli, who supervises the probate examiners in Riverside Court, grew demonstrably uneasy over questions about the duties of those functioning under him. He refused to answer the job description query previously posed to Bowker and then characterized the question as “nutty.”Capelli went on to say that he personally bore “no responsibility” for the actions of the probate examiners he supervised.

Deborah Stapleton, who also serves in a supervisory capacity at that court, however, later acknowledged that probate examiners do have access to confidential bank and brokerage statements and other financial records.

Melodie Scott did not return calls requesting input about skipped check numbers and other financial irregularities. On June 10, someone from her office, in response to repeated calls to her place of business seeking Scott’s input for this article, phoned the Sentinel to inquire about the newspaper’s circulation.

License being adjudicated but conservatees keep dying

Scott is appealing the denial of license. After several days of hearings in May, August and October, the hearings terminated. During the last round of hearings in October, there was a another death of a Scott conservatee under curious circumstances.

De’Wayne Cory, age 40, died of a sudden massive coronary on October 19. Sources close to Melodie Scott state that Cory was rushed to the San Antonio Hospital early Monday morning, where he was pronounced dead shortly thereafter. Cory became a quadriplegic following an accident a number of years ago. He received a multi-million dollar award from a subsequent lawsuit.

Melodie Scott had petitioned for conservatorship of estate and took control of his finances in 2008. Cory’s mother, Betty, was conservator of person.

According to sources close to the family, Cory was reportedly feeling fine early Monday morning on October 19th. The caregiver, Willy, who had been hired by Scott to care for Cory, arrived at the house around 8 a.m .to help Cory out of bed.

Soon after, Cory began feeling ill, complaining of chest pains. Betty Cory, who has lived with her son since he became disabled, called 911.

The caregiver, who reportedly is not CNA certified nor has first aid training, began thumping on Cory’s chest.  Cory was taken by ambulance to San Antonio Hospital in Upland where he died around 10 a.m. Initially, sources close to Betty Cory affirmed that an autopsy had been ordered. This was later reversed on medical advice, as was the request that a toxicology exam be ordered. De’Wayne Cory was cremated.

In the October 16 edition of the Sentinel, questions were raised as to some of Scott’s actions as Cory’s conservator. Scott’s attorney, J. David Horspool, did not respond to phone calls from the SenFreetinel questioning why the highest bid on a pool for Cory was granted and more reasonable bids ignored. Questions have been raised as to whether or not Scott had a personal relationship with the pool contractor, Kirk Gillette. Other questions concerning financial decisions made by Scott in the course of the Cory conservatorship have recently been raised as well, such as the hours billed by the caregiver which may be in excess of the hours worked. Other questions have surfaced regarding a five thousand dollar remodel bill on a motorized wheelchair used by Cory. In addition, questions have arisen as to why Melodie Scott was represented in conservatorshp proceedings by more than one attorney, thus apparently doubling the legal fees for the disabled man.

Sources close to Betty Cory have raised concerns about why a registered nurse was not hired to care for Cory. According to these sources, the caregiver refused to employ the lift to place De’Wayne Cory into the bathtub or wheel him into the disabled access shower.

In the week prior to Cory’s death, the Sentinel had received reports that Betty Cory had become disillusioned with Melodie Scott’s actions as conservator of estate and was planning on having her replaced.

As Cory has died under conservatorship with Scott, it is likely that she will execute his estate.

Calls from the Sentinel to Scott and her attorney did not elicit a response.

Previous questions have been raised concerning deaths of other Scott conservatees, including Elizabeth Fairbanks, Stevie Price, Doris Baker, Freeland Allison and Ann Cole, among others.

Administrative Law Judge Melissa Crowell is expected to issue her decision on Scott’s license this month.

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  • Larry Matthies

    I am going through similar problems with the probate court in san diego madge bradley. My father is being held in a home against his and my will by his conservator who was recently assinged by phone by the judge the day before his court hearing without the consent and presence of his family. I have been living with and taking care of my father who is a 92 year old world war II vet since 2000. My father was a victim of undue influence several times first by his wife who left him in bed with double neumonia. My ex-wife and I were notified by my fathers daughter in law that she did not think my father was doing to good. We went to see him the following day to find out that he had a high fever and his heart rate was very high. We stayed with and cared for him that day and my wife returned the next day when I was at work to find him passing out in her arms. She contacted me at work and I emmediately rushed to my fathers house. The paramedics had already arrived and were in the process of loading my father in the ambulance. My ex=wife and I followed the ambulance to the hospital and were by my fathers side while he was in the emergency room. His pulse was at around 180 beats per minute and it took the doctors a while to get his heart rate to slow down. My fathers wife at the time finnally showed up at the hospital and started to argue with me about us leaving the back door of there home unlocked. I proceeded to tell her that the house being unlocked was not a concern at the time and that she needed to lower her voice because it was upsetting my father. I then told her she needed to leave because she was not there for my fathers best interests. She then stormed off and said that my fathers responsibility was on me. I said fine and then she left and at no time did she ever show any concern for his health. My ex-wife and I were then contacted by her daughter in law and was told that she would pay for a divorce attorney for my father because she did not like the way she was treating or caring for my father. My ex-wife and I then decided to move in with my father so that we would be able to take care of him. It took three drawn out years for the divorce to go through from 2000 to 2003. At the end of the divorce my father had met a women at a local bar she was 55 and he was 85. I noticed that this women had been contacting my father from a loan company in mission valley called downey savings and loan. She and another women from utah commenced undue influance on my father turning him against my ex-wife and I. I was under a lot of stress at this time because my son was being deployed to fight in Iraq. I also was finishing up on an invention that a engineer had helped me put together and was going to show at the las vegas Stone Show Convention at the Mirrage. To top all of this off I ended up getting hurt on a jobsite when my angle grinder kicked back and cut through my skull and nicked the back of my eye. It took 400 stitches to sew up my forehead. Because of the injury it made it a lot harder to try to handle what was instore for my ex-wife and I. These two women started to take advantage of my fathers finances. At the time it was the beginning of 2003 and my fathers house payment was $650.00 a month. With us paying rent of about $400.00 a month and his total monthly income of $1800.00 plus the $400.00 we were paying he had no problem paying his bills and still had about $1000.00 a month to spend. He only had three years left to pay on the estate but then the problems got worse. The two women started charging up my fathers credit cards and living on them. One card was charged to $23,000.00 and the other to about $10,000.00. My fathers bills were starting to be paid late which he never did before this started to be a big concern so I contacted APS, the National City Police and I hired a private investigator who was refered by a friend who was a Chula Vista Police. The company I was working for at the time had a lot of work so I was putting in a lot of hours. The two women started in on my wife and I and dragged my father in on there scam and had him signing everything. They called the sherriff and told them that I had spent my fathers check that I had went to the social service office and told them to put it in both my fathers and ny name so that they would not just be able to go and cash his checks and spend them. The Sherriff had asked me if I had cashed my fathers check and spent it .I said no its in my dresser I put it there because I was unable to open a new account in his and my name because of them talking my father into already oppening sevaral accounts. They were furious that I had done this and because of that we ended up in a screaming match. Since she was not able to get me out of there easy access to my fathers money they talked my father into singing a restraing order against my ex-wife and I. When my father had finnally got the divorce from his ex-wife she had taken everthing in the house except for a reclining chair and his bed. She started to take his refrigerator but I had called the police and they said she had to leave that because he needed a place to keep his food. The sherriff came and escorted me out of our home at about 7 at night. I ended up having to stay at a motel for a month because of a lean that was on my credit because I had fallen behind on some taxes when I had my own buisness a few years back. After I was removed from my fathers home this women had the locks changed. Almost everything in the home was mine except for his bed and ref, and recliner. I was furious that this evil women was able to have me and my wife removed so that it would make it easier for her to rip off my father. I was calling and calling the police ,APS and the private investigator to get this women away from my father. APS would keep saying that I needed to get a conservator and that my father could spend his money foolishly if he wants as long as he is happy. As long as the women were not signing anything then she could not do anything . The following day after the restraining order the two women put up a for sale sign in front of the house. The National city police department had finnally assigned a detective to my fathers case. I also had contacted the private investigator who had found out a lot of dirt on these women. I had to rent the biggest u=haul truck to move my belongings to a storage unit that I had to rent to store my belongings. At the beginning of these women taking advantage of my father I had about $15,000.00 in the bank but because of us paying for the storage unit for three months, rental of the u-haul truck, having to pay for a motel room for a month then putting a deposit on a apartment and paying two months in advance. I also spent about three times higher on my cell phone bill which was costing me about $700.00 a month this put a big strain and drain on our funds and our relationship. I ended up trying to sign up to be my fathers conservator but because of the lean the goverment had on my credit I was not able to be bonded. I then had to go to court and fight to have a temperary
    conservator assigned to my father. My neighbor had called me at work and told me that the two women had taken my fathers car and that they were in vegas. My father was pissed off because he thought they had stolen his car. My neighbor said this is what we had been waiting for and that I should contact APS. I did and they were at my neighbors house in about fifteen minutes and were able to talk to my father for about a half hour before the women had contacted him and asked were he was and who he was talking to. When they found out he was talking to APS they told him not to say anything and then showed up about fifteen minutes later. They went to my fathers neighbors house to get my dad and about that time a man showed up from the loan company downey savings and loan. They rushed my father back to his house followed by APS telling him they would not advise him to sign anything. My father signed a fraudulant loan right in front of APS. My father was retired the loan said my father was working. The loan also said my father had a income of about $8000.00 a month but his income was $1,800.00 a month. The women from APS drove down the street and called the federal court investigator and he ended up coming to the house and said something to one of the women which got her to leave my fathers house. The check for $92,000.00 was intercepted by the federal court investigator and was given to the conservator. About two days later the detective from the National City Police had called and said he was getting ready to arrest one of the women and wanted to know if I wanted to stay on the phone to hear her getting arrested. This was one of the best things I had heard for the last 6 months of having to deal with this mess. She was arrested and put in jail but was bailed out about three hours later by her sister from utah. She was released at about 2 in the morning and ended up at my fathers house at about 3 am to leave a cell phone next to his bed. At this point I was feeling like this was never going to end. I was contacted by the detective from the NCPD and he said he would not be able to finish my fathers case because of a murder case he was assigned. The case was never finished so a report was never sent to the district attorney the loan was not resended and my fathers credit was never fixed back to the excellent credit he had before. The women never got arrested again which I feel, because of what she put us through, she should have went to jail for at least 7 years. She should have been charged for what she did to my fathers credit instead she is probably out there doing the same thing to other familys which no one should ever have to go through. I asked the conservator if he was going to get a hold of the NCPD so they could prosecute this women for what she did and his attorney said sometimes you just have to let things go. I was furious and could not beleive she said this. Because the fact that the loan was never resended and my fathers credit was never repaired. Because the conservator becomes my father and since his credit is know bad then that means whatever loans this consevator gets is going to be a high interest bad loan. Because the fact that the conservator used the check that they had got from the fraudulant loan which was never necesary to pay his loans before this women came along. Because of the fact that everytime there were petitions or court papers filed or filled out it would cost my father 335.00 an hour because I guess the conservator felt that his charge of 85.00 an hour was not enough to do that part of his job that he is supposed to be able to do himself but must need to charge another 250.00 an hour so that his attorney can hold his hand so that I guess he does not make any mistakes. We have received hundreds of papers from court that for the most part do not make any sense except for the fact that they have charged my father for doing his living trust wrong then going back and charging him to do it right. Then he gets charged to have the conservatorship changed from temperary to permanent , but wait a minute I dont remember anyone in our family agreeing or even being there or for that matter even getting a chance to have anything to say about anything. The conservator and his attorney who have done nothing but waist hours and hours of time racking up more and more charges for my father till they made sure they used up all of the equity in his home. Did I mention the fact that I WAS his beneficiary OF THE ESTATE AND HIS LIFE INSURANCE. I dont need to worry about that anymore because the conservator went ahead and used up and spent all the equity from my fathers estate. He did not stop there he went ahead and cashed out my fathers life insurance before even asking the judge if it would be ok. I think at this point that maybe he started feeling a little bit guilty but then he goes ahead and gets another loan on the house with his bad credit ,because sometimes you got to let things go, only this time he gets a $293,000.00 loan but wait you think thats bad the interest on the loan is $600,000.00. It seems to me that this is not conserving, but wait it all makes since when they are saying sometimes you gotta let things go they are talking about my fathers money. I appologize if I seem a little bitter but I have been through a lot with this and for some reason if I ever mention any thing about my father being able to use his own money so that he could get an attorney to represent himself they seem to really get upset and say that it is not my money to use ,but wait a minute I did not say anything about me using his money I said he wanted to use his money. At this point since there does not seem to be any money left the first conservator decides he has had enough. So he decides to resign and now comes the wicked witch of the east to clean up. This conservator has no soul. Ever since she has been assigned as conservator she has not stopped harrassing ,lying and falsely accusing us of everything you could imagine to try to have us removed from my fathers home so that she can do what she says she is not doing. Her plans have been to have us removed so that she can put my father in a home and sell the estate. When we went to court recently for an unlawful detainer and then had to do an exparte because we did not have a attorney to represent us because of a lack of funds we ended up losing the case and now have been evicted or locked out of our familys estate. My father is now being held in a home against his and his familys will, and the home that I thought would be part of our familys legacy and that I helped my father build in 1973 has been taken away. Yesterday I was finnally able to get a hold of somebody with a truck who could have helped us move some of our belongings, but because it was not convenient for the evil conservator she says she can not let us in till monday. Everyone I know who has a truck will be back to work on monday and it will make it almost impossible to get everything I own from the house. So it seems that not only is this women going to steal our home but is now attempting to steal everything I own. My fathers homecare provider and I have been put on the street for no apparent reason except for greed. We have not done anything to deserve this type of treatment. If there is anyone out there who could help with this matter or represent us in this case we would be for ever in det to you. Sincerely, Larry Matthies

  • hawkeye10

    Larry, My heart goes out to you, you have been through a lot of turmoil with this. There is a Grand Jury Investigation in San Bernardino, California, and you might want to talk to these people to find out what you can and should do about this. The only way to stop all this abuse of the elderly and their families is to put these crooks in jail where they belong and hope they’re still there when the big earthquake comes. This is the MO (modus operandi) of these people. They just want to get the family out of their way, they steal stuff that is valuable and they have all kinds of contacts in the antique and jewelry business, coin business etc. to fence this stolen loot to…Also they drain the finances of the persons estate (instead of being a responsible conservator and conserving the person’s wealth) They try to take everything for themselves so the person’s family doesn’t get anything! If you have any brothers or sisters who could get bonded as conservator, or someone on your wife’s side who could be bonded and maybe you could be co-conservators. They (Larry Dean in Redlands) tried to sell my parent’s house and they put them in a nursing home. They let the house get run down, big weeds grown up everywhere and plants dying….thought they’d sell it to one of their “compadres” friends and turn around and flip it for a big price. Basically, these people are just snakes and should be treated as such. I can’t believe they even cashed out your dad’s life insurance policy…but I do. This is just pathetically evil! If you can find anything they’ve done and can prove it, get a Grand Jury Investigation going on these people. They all need to go to jail. Now you will have to fax letters to Gov. Jerry Brown to get these corrupt judges put out of their position by allowing this to transpire. For sure you know that the police departments are corrupt…they won’t do anything to help you. Know your rights and demand what you want and want them to do. File lots of paperwork, and make sure it has a case number on it. Call every agency you can think of, and keep calling and calling, faxing, emailing. This law about assigning a third party conservator and taking away all of an old persons rights, never allowing them to speak or say a word is just corrupt as hell, and that’s probably where all these evil people are going to end up. Sue them if you can….of course you’d better get a great lawyer who knows he’ll win and will take it on contingency, or else they might also drain your finances playing their little corrupt games too. God Bless You , and Kind Regards, Larry.