Elder rights advocates across the country are speaking out against elder abuse by Scott Phipps of Phisco Fiducairy. Phipps caught the attention of advocates by placing Elinor Frerichs (91) at Lakeside Park, a locked dementia facility in Oakland, CA. Elinor was not diagnosed with dementia. She is alert, oriented, and feisty.
Phipps’ instructed Lakeside Park to isolate Elinor. No visitors. No phone calls. Community Care Licensing cautioned the facility they could lose their license if they continued to violate Elinor’s rights.
Phipps retaliated by filing a petition with the court to take away Elinor’s right to visitation. The intent of the petition was to legitimize his abuse of Elinor.
The caveat was the Notice of Conservatee’s Rights. Under California law, Elinor has the right to address the court and to ask the judge to replace Phipps as her conservator. Elinor told Phipps that she wished to attend the September 12, 2014 hearing on her right to visitation. Elinor made it clear to Phipps that she planned to ask the judge to replace Phipps. Phipps could lose control of Elinor’s estate, valued at several million dollars.
Phipps circumvented Elinor’s rights and wishes by not allowing her to attend the hearing on her case. Elinor had no way to communicate her wishes to the judge. At present, the judge is unaware of Phipps’ abuse of a vulnerable elder in his care.
Elder advocate Diane Wilson, daughter of elder abuse victim Dorothy Wilson, sent the following email to Scott Phipps.
To: Scott Phipps,
I was appalled when I read the story of Elinor Frerich and the fact that you refused to allow Elinor to attend her own hearing; you also asked the court to take away her rights to visitation from friends and elder advocates. Why would you do such a thing? Why do you want to hurt another human being? Freedom is a God-given right, one that man or woman cannot take away from another human being without breaking every universal law there is.
I decided to do some research and read a little bit about you. According to your website you state the following:
‘My goal is to keep you in control of your money; assist you in times of transition and when the time comes, honor the wishes and intent of your will or trust.’
‘Phisco Fiduciary helps people maintain maximum independence and self-reliance by providing assistance with financial affairs – from day-to-day matters to wills, estates and trusts…and everything in between. We adhere to the highest Fiduciary standards and practices; advocate and protect clients’ civil & legal rights strictly abide the code of ethics of the Professional Fiduciary Bureau, and the Professional Fiduciary Association of California.’
I read that you also served as a minister. The job of a minister is to “minister” to the needs of people; to serve God and help people, not to destroy them. You also say that you will advocate and protect your clients’ civil and legal rights. Please, Mr. Phipps, honor the words you speak and set Elinor free.
Daughter of Dorothy Wilson
Concerned readers can share their thoughts directly with Scott Phipps.
Readers can contact the Alameda County Board of Supervisors about elder abuse and civil rights violations within their jurisdiction.
District 1: Scott.Haggerty@acgov.org
District 2: Richard.Valle@acgov.org
District 3: Wilma.Chan@acgov.org
District 4: firstname.lastname@example.org
District 5: Keith.email@example.com