Today, Napa County's Judge J. Michael Byrne has declared that the Golins are "vexatious litigants" and barred them from further action unless they put up a $500,000 bond because they are suing to get their autistic daughter back from state officials who may have allowed her to be raped. Moreover, the Golins’ names are to be put in a statewide registry for seven years that among other things prevents them from any further advocacy on behalf of their daughter.
"In thousands of documented cases across the country, the standing of a caring relative or committed advocate to represent the interests of the ward may be challenged by a defendant, as part of a defense strategy that almost invariably proves successful . "
"Once the defense removes the family member, the ward is helpless, because no one other than the alleged wrongdoer can supposedly represent the ward. And a reasonable person never sues himself. "
"Critical Issues at Stake in Elder Law"
One critic of probate abuse has recently referred to a “white collar crime wave” involving handicapped persons in involuntary conservatorships, due to lack of effective court oversight, and due to the so-far undefeatable tactic of such defendants to smear anyone, whether family or friends, that attempts to intervene to rescue their loved ones from what would otherwise be considered kidnapping, abuse and false imprisonment.
"In each of these thousands of documented cases across the country, the standing of a caring relative or committed advocate to represent the interests of the ward is attacked as a defense strategy. Once the defense succeeds at removing the family member, the ward is helpless, because no one other than the alleged wrongdoer can represent the ward. And a reasonable person never sues himself. Thus, the ward is left with no rights at all. "
"The History" On November 15, 2001, 31-year-old Nancy Golin was taken by Palo Alto, California police from her family, never again to return. Up to then, she had depended on her parents, Jeff and Elsie Golin, to protect her. They had unhesitatingly undertaken the task of raising their autistic child at home since birth, with love and quality care. Nancy’s parents had fought against California agencies they saw as irresponsible, uncaring and incompetent, after attempting for years without success to obtain appropriate school services . Their efforts had won them the admiration of many in their local community.
"This whole incident began when Nancy wandered away as is her habit and her parents reported her missing, but upon her independent return to her parents’ home, the police requested that she be taken to a medical facility for examination to insure that nothing had happened during her absence. Yet when the Golin’s tried to reach Nancy, the nightmare began, with a series of clearly illegal confinements. Police had taken Nancy to the nearby Stanford psychiatric ward on a ruse, without warrant, emergency or probable cause, and attempted to involuntarily institutionalize her .
When the grounds were legally rejected and they could show no probable cause, they chose instead to “place” her in a group home at a secret destination chosen by the local Regional Center, San Andreas (SARC) and Adult Protective Services (APS), via a forged signature to her IPP constituting “consent” to institutionalization .To cover up their mistake and to squelch press reports , the San Andreas Regional Center (SARC) and Adult Protective Services (APS) appealed to the Santa Clara County DA to trump up malicious abuse charges the parents, Jeff and Elsie, who were falsely arrested, and spent a night in jail facing felony charges. The local police produced a falsified police report which was immediately discounted by Nancy’s doctors and the parents’ supporters . It took 14 months for Jeff and Elsie to get the district attorney to drop and expunge the charges. Meanwhile, State attorneys from the Department of Developmental Services (DDS) pursued Nancy’s conservatorship by DDS Director Allenby and SARC, proceeding at first in secret , and then opposing the parents own petition in a David versus Goliath mismatched 2003 probate trial (which did not address the illegalities of the removal and confinement). The parents attempt to appeal was thwarted by procedural barriers caused by their inability to procure a complete record of the trial.
Recent evidence has surfaced concerning terrible abuses she suffered at the hands of the state conservators that were concealed before her conservatorship trial and did not come to light. All of these injuries occurred while in SARC’s and APS’s care.
Raven West said...
Jeff Golin's tragic case against the state is only one of the over 250 guardianship abuse victims who are members of the National Association to Stop Guardian Abuse, an organization I formed in May of 2006 after my father Ruby Cohen, from Ellenville, was victimized by a Florida guardian who wiped out nearly his entire life savings in just under 18 months. The court system in this country was suppose to protect our most vulnerable citizens, but in more and more instances, the cards are stacked against the families and the innocent suffer. The Golin's have had their daughter ripped from their loving home and thrown into hell by a heartless government. They have been threatened and abused by the system, as have a great many in this "land of the free". Please visit our website Stop Guardian Abuse for information on Nancy Golin and the other victims. Robin C. Westmiller, J.D.President NASGA
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This is really frightening. As Australia and other countries start to enact new legislations to protect our vulnerable citizens, particularly, the elderly; let us learn from the mistakes of others. We MUST NOT go down that road.
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