A California man is fighting for his 92-year-old father’s rights after he says the county wrongfully put him under conservatorship – and won’t let him spend his final days with his family.
Howard Rose is under a Ventura County-imposed conservatorship that controls his person and finances – even though his family told Fox 11 they are willing to take care of him at home as they have done in the past.
The family now claims the county put the elderly father-of-one under conservatorship to cover up medical negligence and gain control of his finances.
They say the process was set in motion after a hospital visit last year led to false accusations that the family abandoned him – allegations that they vehemently deny as they try to get him back home.
‘We had no civil rights; he had no due process,’ said Cynthia Rose, Howard’s wife.
‘These people can just gang up on you and take your loved one – your dad, your grandma, your mom, anyone. It can happen to anyone and usually money is involved,’ Howard’s only son, Andrew, added. ‘That’s what they look for.’
Both Andrew and Cynthia went on to claim that Ventura County has been racking up unnecessary medical bills by transferring Howard between nursing facilities.
‘What floored me was when I saw the first bill,’ Cynthia said. ‘The nursing home was more expensive than the one we used in Santa Barbara and the care was appalling – they had 129 cases of elder abuse there.’
Andrew also said he now fears the county will take the condo the family lives in ‘just to pay these bills we don’t even owe.’
He explained that the Ventura County Superior Court established the conservatorship after a judge heard testimony and evidence about his ailing condition.
But when Andrew tried to speak at a hearing on September 24, he said Judge Roger L Lund denied his request.
At the same time, he said, Assistant County Counsel Mitchell Davis admitted he never reviewed his father’s file – yet still expressed his intent to issue conservatorship if Howard were to return to the hospital.
The following month, Andrew said Jude Lund held another hearing – but only included county witnesses and omitted the testimony of his father’s patient advocate.
The doctor who did speak, Dr. Daniel Cox – who Andrew said put his father on palliative care without his consent – was then unable to reconcile contradictions between the nurse reports and his own, the worried son claimed.
He said that when he then asked to speak, Judge Lund threatened to remove him from the courtroom before granting a temporary conservatorship and suspending his mother’s 1999 power of attorney.
County officials then allegedly justified his father’s need for a feeding tube based on failed tests – despite Howard reportedly passing the only test he was given.
Andrew and Cynthia said they have since requested multiple independent evaluations – which the county has denied each time. They also said the county has denied their request for in-person meetings.
A spokesperson for the county, however, has claimed the family was represented by an attorney ‘who was permitted to cross examine witnesses and could have presented evidence to the court.
‘The conservatorship and all actions taken by the conservator have been and continue to be under the court’s supervision,’ the spokesperson said, noting that it ‘denies the family’s allegations – there is no coverup.
‘Andrew Rose and his mother have recently filed a series of claims with the county seeking financial compensation for themselves and for Howard Rose. The county is reviewing those claims.’
In the meantime, Andrew said multiple agencies are reviewing the case for potential fraud.
‘Judge Lund’s pattern of granting conservatorships without reviewing powers of attorney or ensuring due process echoes similar complaints from other families,’ Andrew told the news station.
He said the family is now seeking Howard’s return home, ‘an independent medical evaluation as required by conservatorship guidelines’ and ‘transparency regarding the county’s financial arrangements with nursing homes and physicians.’
Thus far, though, Andrew said the family’s public records requests for documents have been delayed or ignored.
‘We call on anyone else affected by the Ventura County Public Guardian or the Superior Courts and Probate Division to come forward,’ he pleaded.
‘Howard – who survived palliative care after being deemed “too old” for treatment – still begs to come home,’ the son added.
‘The County’s silence, lack of oversight and denial of records only reinforce our concerns. We challenge them to meet with us publicly and show documentation of Howard’s care and end this pattern of harm toward the elderly.
‘On Easter, we plead for grace: return Howard to his family and stop using the court system to exploit the vulnerable.
‘Justice for Howard – and for all victims – demands that Ventura County’s corruption and secrecy be brought to light.’