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Alameda County Grand Jury Report Cites Probate Conservatorship Cries Out for Reform

Alameda County needs a radical transformation in the way legal defense services are provided, said Venus Gist, a ‘Shout Out Justice’ advocate. “As things now stand, these services almost always result in a conservatorship being granted. There are no trials. No appeals. Less restrictive alternatives are not seriously explored,” she went on.

Published

3 years ago

July 30, 2022

Oakland Post

Probate Advocate Venus Gist says, “Alameda County needs a radical transformation in the way legal defense services are provided.”

By Tanya Dennis

Last week, the Alameda County Grand Jury released its final report on the Alameda County Probate Court and found numerous deficiencies that have been criticized by probate reform groups for decades.

The Grand Jury found that:

Probate Court staff is severely overworked and understaffed;
The Public Defender’s office has no monitoring system to ascertain the service it renders to beneficiaries to assure their needs are addressed;
Guardians are not provided formal training;
There is no formal grievance process;
Beneficiaries who are poor do not get the same level of service as those with means
Involuntary conservatorship can drain estates quickly because of lack of oversight.

The Grand Jury report has given hope to probate reform advocates, who have been protesting these deficiencies for years with little or no success.

Spectrum Institute has been calling for Probate Court reform for eight years, especially in regard to beneficiaries with disabilities.

“The report of the Grand Jury sends a signal to the Alameda County Board of Supervisors that the status quo of unnecessary and overreaching conservatorships must end,” said Spectrum Institute Director Tom Coleman. “In terms of the responsibility to stop conservatorship abuses, the buck stops with the Board of Supervisors.’

Coleman suggested that the board should look to Nevada for solutions. “It should adopt a new system for providing legal defense services to seniors and people with disabilities who are targeted by these proceedings,” he said.

Recommendations from the Grand Jury are that the Alameda County Defender’s office transfer the responsibility of conservatorship to a separate agency with a contract specifying standards be met in order to receive funding from the County.

The Grand Jury is also advocating for a “Zealous Advocate,” a legal representative who assures that the desires of the conservatee are addressed.

Conserved involuntarily, Katherine Carter had to be ‘kidnapped’ from a long-term care facility by her daughter, Venus Gist, a ‘Shout Out Justice’ advocate.

Carter had been neglected to the degree that the facility had arranged hospice care. Risking arrest and prosecution, Gist “illegally” removed her mother from the facility. Katherine Carter lived an additional four years after being given 3 to 6 months to live.

“As both an advocate and a victim of the probate court, I think it’s exceptional that the Grand Jury of Alameda County has finally filed a report addressing the issues of conservatorship within the Public Guardian’s Office,” Gist said. “Abusive conservatorships are occurring nationwide and seldom are public servants such as judges, attorneys, conservators, fiduciaries, etc. held accountable and convicted of criminal acts committed towards their clients.…. it’s rarely talked about, and families and caregivers are mostly blamed.”

Alameda County needs a radical transformation in the way legal defense services are provided., Gist said. “As things now stand, these services almost always result in a conservatorship being granted. There are no trials. No appeals. Less restrictive alternatives are not seriously explored,” she went on.

She agrees with Coleman that the board should hire an outside firm to audit the public defender and “look seriously at adopting the Nevada model for legal defense services in Alameda County.”

To prevent abuses such as the Carter family encountered, the Grand Jury recommends that a neutral third-party entity be selected to conduct annual reviews of conservatorships to assess attorney compliance and determine compliance with probate rules.

The Grand Jury also recommended that attorneys take ongoing educational training in probate conservatorship and establish annual performance evaluations. They also recommend that a licensed health professional evaluate each client.

Although encouraged by the Grand Jury report, Gist feels it did not go far enough and wishes they had interviewed citizens who have been violated. Gist says, “If they are investigating, conduct it thoroughly, it requires the whole truth.”

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Oakland Post: Week of June 18 – 24, 2025

The printed Weekly Edition of the Oakland Post: Week of June 18 – 24, 2025

Published

4 days ago

June 20, 2025

Oakland Post

To enlarge your view of this issue, use the slider, magnifying glass icon or full page icon in the lower right corner of the browser window.

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Juneteenth: Celebrating Our History, Honoring Our Shared Spaces

It’s been empowering to watch Juneteenth blossom into a widely celebrated holiday, filled with vibrant outdoor events like cookouts, festivals, parades, and more. It’s inspiring to see the community embrace our history—showing up in droves to celebrate freedom, a freedom delayed for some enslaved Americans more than two years after the Emancipation Proclamation was signed.

Published

5 days ago

June 18, 2025

Oakland Post

Wayne Wilson, Public Affairs Campaign Manager, Caltrans

By Wayne Wilson, Public Affairs Campaign Manager, Caltrans

Juneteenth marks an important moment in our shared history—a time to reflect on the legacy of our ancestors who, even in the face of injustice, chose freedom, unity, and community over fear, anger, and hopelessness. We honor their resilience and the paths they paved so future generations can continue to walk with pride.

As we head into the weekend full of festivities and summer celebrations, I want to offer a friendly reminder about who is not invited to the cookout: litter.

At Clean California, we believe the places where we gather—parks, parade routes, street corners, and church lots—should reflect the pride and beauty of the people who fill them. Our mission is to restore and beautify public spaces, transforming areas impacted by trash and neglect into spaces that reflect the strength and spirit of the communities who use them.

Too often, after the music fades and the grills cool, our public spaces are left littered with trash. Just as our ancestors took pride in their communities, we honor their legacy when we clean up after ourselves, teach our children to do the same, and care for our shared spaces.

Small acts can inspire big change. Since 2021, Clean California and its partners have collected and removed over 2.9 million cubic yards of litter. We did this by partnering with local nonprofits and community organizations to organize grassroots cleanup events and beautification projects across California.

Now, we invite all California communities to continue the incredible momentum and take the pledge toward building a cleaner community through our Clean California Community Designation Program. This recognizes cities and neighborhoods committed to long-term cleanliness and civic pride.

This Juneteenth, let’s not only celebrate our history—but also contribute to its legacy. By picking up after ourselves and by leaving no litter behind after celebrations, we have an opportunity to honor our past and shape a cleaner, safer, more vibrant future.

Visit CleanCA.com to learn more about Clean California.

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OPINION: California’s Legislature Has the Wrong Prescription for the Affordability Crisis — Gov. Newsom’s Plan Hits the Mark

Last month, Gov. Newsom included measures in his budget that would encourage greater transparency, accountability, and affordability across the prescription drug supply chain. His plan would deliver real relief to struggling Californians. It would also help expose the hidden markups and practices by big drug companies that push the prices of prescription drugs higher and higher. The legislature should follow the Governor’s lead and embrace sensible, fair regulations that will not raise the cost of medications.

Published

5 days ago

June 18, 2025

Oakland Post

Rev. Dr. Lawrence E. VanHook. Courtesy of Rev. Dr. Lawrence E. VanHook.

By Rev. Dr. Lawrence E. VanHook

As a pastor and East Bay resident, I see firsthand how my community struggles with the rising cost of everyday living. A fellow pastor in Oakland recently told me he cuts his pills in half to make them last longer because of the crushing costs of drugs.

Meanwhile, community members are contending with skyrocketing grocery prices and a lack of affordable healthcare options, while businesses are being forced to close their doors.

Our community is hurting. Things have to change.

The most pressing issue that demands our leaders’ attention is rising healthcare costs, and particularly the rising cost of medications. Annual prescription drug costs in California have spiked by nearly 50% since 2018, from $9.1 billion to $13.6 billion.

Some lawmakers, however, have advanced legislation that would drive up healthcare costs and set communities like mine back further.

I’m particularly concerned with Senate Bill (SB) 41, sponsored by Sen. Scott Wiener (D-San Francisco), a carbon copy of a 2024 bill that I strongly opposed and Gov. Newsom rightly vetoed. This bill would impose significant healthcare costs on patients, small businesses, and working families, while allowing big drug companies to increase their profits.

SB 41 would impose a new $10.05 pharmacy fee for every prescription filled in California. This new fee, which would apply to millions of Californians, is roughly five times higher than the current average of $2.

For example, a Bay Area family with five monthly prescriptions would be forced to shoulder about $500 more in annual health costs. If a small business covers 25 employees, each with four prescription fills per month (the national average), that would add nearly $10,000 per year in health care costs.

This bill would also restrict how health plan sponsors — like employers, unions, state plans, Medicare, and Medicaid — partner with pharmacy benefit managers (PBMs) to negotiate against big drug companies and deliver the lowest possible costs for employees and members. By mandating a flat fee for pharmacy benefit services, this misguided legislation would undercut your health plan’s ability to drive down costs while handing more profits to pharmaceutical manufacturers.

This bill would also endanger patients by eliminating safety requirements for pharmacies that dispense complex and costly specialty medications. Additionally, it would restrict home delivery for prescriptions, a convenient and affordable service that many families rely on.

Instead of repeating the same tired plan laid out in the big pharma-backed playbook, lawmakers should embrace Newsom’s transparency-first approach and prioritize our communities.

Let’s urge our state legislators to reject policies like SB 41 that would make a difficult situation even worse for communities like ours.

About the Author

Rev. Dr. VanHook is the founder and pastor of The Community Church in Oakland and the founder of The Charis House, a re-entry facility for men recovering from alcohol and drug abuse.