The case of two elderly Sebastopol men who claimed they were separated by Sonoma County health officials, forced into different nursing homes and required to give up their personal belongings is focusing attention on a little-known public agency designed as a safety net for the most vulnerable.
The Public Guardian, part of the county's division of Adult and Aging Services, is a last resort for those who can no longer care for themselves because they suffer dementia or other age-related mental disability and have no one else to turn to.
The program provides a sliding scale of county services, from routine assistance in paying bills and receiving meals to the court-appointed guardian with power to make financial and health care decisions. Those decisions can include selling a person's belongings and committing the person to a nursing facility, even if family members or others disagree with the court's decision.
It's high-stakes, emotional decision-making of the sort evidenced in the civil suit that has also grabbed the attention of gay rights advocates who allege that the county discriminated against the couple because they were not married.
"Our mission is to help people remain as independent as possible for as long as possible," said Diane Kiljian, director of the seven-person agency now at the center of the controversy.
Acting on referrals from hospitals, family members or from county protective services staff members, the Public Guardian's office investigates claims of incompetence or abuse and can seek a court order granting the county control of a person's life.
A civil lawsuit filed by Clay Greene, 77, and the executor of the estate of his longtime partner, Harold Scull, now deceased, alleges the county overstepped its authority in conserving Scull and seizing control of both men's finances after Scull was reportedly injured in a fall and was admitted to a hospital.
The county disputes the fall allegation and contends the case began as a domestic violence case that ultimately resulted in conservatorship protection for Scull.
But the suit alleges officials induced Scull, 88, to nominate the county as his conservator in 2008 and liquidated his possessions, ignoring Greene, his longtime partner who had legal documents naming him Scull's spouse and beneficiary.
Greene himself was then forced into a nursing home and prevented from visiting Scull in the weeks before he died of natural causes, the lawsuit claims.
The allegations of discrimination against the gay couple particularly rile county officials who say the county's Adult and Aging Services division cares for all who come for help, following court-mandated directives.
Yet the lawsuit accuses county officials of "callousness and indifference and a desire to humiliate and disparage" the men for their more than 20-year relationship, "causing great physical and emotional suffering."
"They treated Clay (Greene) like the roommate," said Anne Dennis, Greene's attorney. "And they went after Harold and his money, quite frankly."
County attorney Gregory Spaulding denied the allegations, saying Scull was the victim of an attack by Greene and the county moved to protect him. He said their possessions were sold after they were given a chance to claim them to help pay for their care in two facilities.
"If they had been a married couple, the response would have been the same: to protect an abused victim," Spaulding said. "This is not about gay rights. It's about domestic violence."
Sonoma County Supervisor Shirlee Zane, the former chief executive for the Council on Aging, agrees that the men were treated no differently than if they had been a heterosexual couple. Zane, who supports gay marriage, said the story is being spun by advocates for political purposes.
"I think people jumped to conclusions," said Zane, who received some of the dozens of e-mails to Sonoma County officials from angry gay rights supporters after the lawsuit appeared on websites devoted to gay rights.
"They made assumptions about what did or did not happen without really knowing the facts," Zane said.
Kiljian said there is a state-prescribed process in place that prevents abuse and ensures accountability. The Greene lawsuit is the first in more than 25 years, she said.
However, she said conservatorships are often emotional and sometimes divide family members who are at odds over how to care for seniors.
"It can be horrible, frankly," probate court Judge Elaine Rushing said. "People make all kinds of base and vile accusations."
Rushing said she assumes everyone is competent and makes county officials prove otherwise.
She said if a person is not a spouse or registered domestic partner they aren't entitled to a voice in the process, but she will consider them if it is the wish of the person being conserved, she said.
As the Baby Boom generation ages, Rushing said she's seeing more petitions. More often these days, family members seek conservatorships because they bring more structure to the difficult task of elder care, she said.
"I actually think our local office has done well under severe budget times," Rushing said.
But Greene is not the only one complaining.
Carol Ferrari of Santa Rosa said she's testified to the Sonoma County civil grand jury about the way the Public Conservator has handled her 80-year-old mother, who she said was forced into a Sebastopol nursing home in 2007.
Ferrari said the county alleged her father had been abusing her mother and refused to let Ferrari care for her. The county took control of her mother's bank accounts and Social Security checks and have required her to be housed at a cost of $8,000 a month, Ferarri said.
Deputy County Counsel Josh Myers said the court investigated the case of Bernice Ferarri and determined a county conservatorship was best. He said there was disagreement among Ferrari's children about managing her care and the county stepped in.
"We've done everything appropriate here," Myers said.
You can reach Staff Writer Paul Payne at 568-5312 or paul.payne@pressdemocrat.com.
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