A lawsuit has been filed against the County of Marin, Adult Protective Services (APS), and APS social worker, Winifred "Winnie" Lau Casino, claiming multiple violations of elder abuse statutes, negligence, breach of fiduciary duty, and infliction of emotional distress. San Francisco attorney, Barbara A. Jagiello, filed the suit on behalf of Thomas D. Abernathy, conservator of 87-year old Lillian M. Abernathy ("Conservatee") whose story was featured in the March 2002 issue of the Coastal Post (County Fails to Protect Frail Elderly, www.coastalpost.com/02/03/01.htm).

Jagiello's complaint alleges a multi-year campaign by County agents to isolate Mrs. Abernathy from her family in order to gain control over Mrs. Abernathy's assets, including her million dollar Kent Woodlands home, for personal gain (Case #CIV022794). It is claimed that while Mrs. Abernathy's breast cancer was going untreated, new wills were being prepared for her to sign making her County-sponsored caretakers beneficiaries.

Adult Protective Services became involved in this case in 1993 when Thomas Abernathy, who lives out-of-state, telephoned the Marin County Sheriff's Office, asking them to check on Mrs. Abernathy because she had not been answering her telephone. The responding Sheriff's deputy determined that Mrs. Abernathy's condition required immediate attention, so he contacted APS. County social worker, Winnie Lau Casino, was appointed to Mrs. Abernathy's case. Her assignment was to represent Mrs. Abernathy's interests, to protect her from possible physical or financial abuse, and to keep her from harm due to her declining mental and physical condition.

The complaint alleges, the "County of Marin knew, or in the exercise of reasonable diligence should have known, that Winifred Lau Casino was incompetent and unfit to perform the duties for which she was employed and that an undue risk to persons such as Conservatee would exist because of the employment. County of Marin was aware that the accounts of Ms. Casino had been attached due to a complaint filed against her in the County of Marin for conversion [theft] and constructive trust [the Valentine Corp. embezzlement referred to in the March 2002 Coastal Post article]. Further, when informed of the acts of Winifred Lau Casino, County of Marin supported her conduct in a letter sent to the Court which made false and defamatory statements about Conservatee's family and attempted to have its own agency appointed conservator."

In November of 1993, APS referred Mrs. Abernathy's case to Marin Support Services for Elders (MSSE) without notifying her relatives who, according to the complaint, had been continually supporting her, and visiting her. MSSE is a program of the non-profit Family Service Agency which receives funding from the County. The complaint states, "With the assistance of APS, MSSE removed the family as caregivers when the family questioned the breadth of a Power of Attorney MSSE had drafted for themselves. APS then enlisted the assistance of Legal Aid of Marin and sent a letter dated January 25, 1994 to the Abernathy family, telling them that Winnie Casino of APS was now the object of Conservatee's affections."

Thomas Abernathy claims his records show numerous phone calls to APS between November 1996 and April 2, 2001 wherein he expressed concern about Mrs. Abernathy's increasing dementia.

Further damage is alleged because, "APS was aware that MSSE did not have the requisite legal authority to act for Conservatee in the manner necessary to protect her interests and further knew that Conservatee was too demented to handle matters for herself. Nevertheless, and while fully advised by MSSE of what was transpiring, APS permitted Conservatee to sell off a portion of her real property for a fraction of its true value." The property transfer was arranged by Belvedere attorney, William A. Kuhns.

In 1997, a new will was prepared for Mrs. Abernathy by attorney Kuhns, leaving 20% of her estate to MSSE. The will it replaced left the bulk of Mrs. Abernathy's estate to her three grandchildren; Mr. Kuhns admitted destroying that will. The complaint continues, "On April 2, 2001, APS received a telephone call from MSSE wherein MSSE informed APS of Conservatee's increased dementia. In response thereto APS took Conservatee to Larkspur attorney Myron Greenberg and had Conservatee execute a will leaving everything to Winifred Lau with the exception of a few small specific bequests. Myron Greenberg was to be executor and Winifred Lau obtained a Durable Power of Attorney for Healthcare."

Jagiello states, "APS had Conservatee execute the Will and Durable Power of Attorney although for years they had been receiving information that Conservatee would not cooperate in oncological examinations, was delusional, confused and paranoid. Christmas trees remained in placed in Conservatee's home until early spring, a serious fire hazard. Over the years, it was reported that Conservatee had burned pans and in October 1998 APS again dissuaded MSSE from filing for conservatorship, although Conservatee was locking herself out of her home. In spite of all the evidence of severe dementia and the danger which Conservatee posed to herself, until Lau had succeeded in becoming the principal beneficiary under Conservatee's will, APS repeatedly stated that a conservatorship petition would not be appropriate. After Conservatee signed the will, MSSE finally filed a petition to conserve."

When the Abernathy family received a copy of the conservatorship petition, they came out to California once again and found Mrs. Abernathy's living conditions to be intolerable. They claim that all the clothes, pots and pans, dishes, silverware, etc. which they had purchased for Mrs. Abernathy were missing from her home. Despite knowing that Mrs. Abernathy had a history of breast cancer, County agents allegedly neglected her health care. When the Abernathy family returned to California in 2001, they made a doctor's appointment for Mrs. Abernathy who was found to have a malignancy which resulted in a mastectomy. The complaint states, "APS made a conscious decision not to notify the Abernathy family or the court of Conservatee's possible malignancy. APS was overseeing the care of Conservatee, yet never alerted anyone of the fact that Conservatee declined medical treatment for a life-threatening condition. Instead, the response of APS was to take this elderly and demented adult to an attorney to have a will signed rather than to take her to a physician for a biopsy."

Defendants are accused of financial abuse, oppression, neglect, fraud, malice, and recklessness in connection with this case..."County of Marin also authorized and ratified the wrongful conduct of defendant... Further, the neglect of the Conservatee occurred over a number of years with numerous calls being made to APS reporting the neglect and no action was taken." Plaintiffs are demanding a jury trial. Winifred Lau Casino is still employed by Marin County Adult Protective Services. Phone calls to Lau Casino, and Health and Human Services Director Larry Meredith, were not returned.