I just realized the story linked above by
@PayrollNerd has a link in it to the actual 600+ page report. You can also find the report here:
https://rivcoca.com/sites/default/files/Attachment - Larson LLP Report PUBLIC.pdf
From p. 15-16:
Our analysis of the unsealed court records reflects three key findings:
- The Designated Firm was appointed as counsel for all seven of the Turpin adult children. The unsealed court records establish that the firm vigorously and effectively advocated for the Turpin siblings in court. The Designated Firm’s commitment to providing full- service legal representation of the Turpin siblings is commendable. However, the unsealed records show that there were heated conflicts between appointed counsel, County Counsel (advocating for the Office of Public Guardian), and the Riverside County District Attorney (who was prosecuting the Turpin parents) over both the nature and scope of the Designated Firm’s representation and about confidential meetings with the siblings.
Despite the Designated Firm rightly protecting its clients’ constitutional rights and interests, the conflicting legal positions advanced by the Designated Firm, the District Attorney, and County Counsel caused prolonged acrimony and may have interfered with the development of trusting and confidential attorney-client relationships, especially given the Turpins’ vulnerability and lack of experience with the legal system.
- A review of the unsealed accountings that were filed reflect that the adults received Supplemental Security Income, which was deposited into the conservatorship estates. Additionally, approximately $30,000 per person was transferred to the Special Needs Trusts for each of the siblings. Although we have not found that any of these funds were improperly spent, we are concerned that County Counsel filed every required accounting for both the conservatorship estates and the Special Needs Trusts late— often years past the due date. Timely filing of accountings is a key component of the Office of Public Guardian’s fiduciary duty as conservator and trustee. If the filings are late, transparency and accountability to the Court are impaired.
- The unsealed records indicate that there remains a significant amount of money that was donated for the benefit of the Turpin siblings, but which the Office of Public Guardian has not marshaled and distributed. Specifically, the records indicate that over $209,000 was donated to the City of Corona Chamber of Commerce, the balance of which is now managed by SAFE Family Justice Center. The records also indicate that the JAYC Foundation holds approximately $1,000,000. It is not entirely clear why the Office
of Public Guardian did not seek to obtain and distribute these funds until recently. According to an unsealed filing by the Turpins’ court-appointed attorney, the Office of Public Guardian previously claimed that it did not have the duty or ability to marshal these funds. Regardless of the reasoning, the Office of Public Guardian’s failure to marshal these funds has resulted in the lack of Court oversight for the SAFE Family Justice and JAYC Foundation funds, and may have resulted in food and housing insecurity for at least some of the Turpin siblings, in direct contravention of the donors’ wishes."
Details on the late filings are on p. 277-278.
11. OPG Accountability in Management of the Turpin Estates a. Estate Accountings
As fiduciary for the estates of the five temporarily and two permanently conserved Turpin siblings, OPG had a duty to file timely accountings with the Court detailing all funds collected and expended on behalf of the siblings within one year of the establishment of the conservatorship of the estate.
Under the California Probate Code, the first accounting was due after the first year of the conservatorship and every two years thereafter.
i. Five Temporarily Conserved Turpin Adults
For the five Turpins whose conservatorships were terminated, a one-year first accounting was due in January 2019 (a year after establishment of the conservatorships). Moreover, final accountings for all five terminated conservatorships were due in December 2019 at the date of termination.
However,
for four of these five conservatees, OPG only filed a “First and Final Accounting” on October 8, 2020 (approximately 21 months after the first accounting was due and 10 months after the final accounting was due).
For the remaining conservatee, OPG filed a First Accounting on February 15, 2021 (over two years late) and a Final Accounting on September 28, 2021 (over 21 months late).
Beginning in 2019,
the Court overseeing the conservatorships issued an Order to Show Cause to County Counsel asking for an explanation of why such accountings were not filed within the time limits set by the Probate Code.
As noted previously,
the deputy public guardian we interviewed stated that she sent several accountings to County Counsel for approval and transmission to the Court in a timely manner, but that County Counsel repeatedly lost them, contributing to an improper delay.
ii. Two Permanently Conserved Turpin Adults
Permanent conservatorships were established for two of the Turpin adults in April 2019. The first accounting for both of these estate trusts was therefore due in April 2020. However,
no accounting was filed for either one until January 2021 (approximately 9 months late).
b. Special Needs Trust Accountings for All Seven Turpin Adults
OPG was appointed Trustee of the Special Needs Trusts that were established in April 2019 for the benefit of all seven adult Turpin siblings.
These Special Needs Trusts also required that timely accounting statements be filed. The Trusts were established in June 2019. The Court ordered that the first accounting be filed on August 24, 2020. In November 2021, the Special Needs Trusts accountings had still not been filed, and thus the Court issued an Order to Show Cause to County Counsel and OPG and set a hearing for January 7, 2022. On January 6, 2022 the accountings were filed, and the Court on its own motion continued the hearing to February 2, 2022. These accountings cover the period June 24, 2019 through January 4, 2022 and thus
there was a two and a half year period of time during which there was no Court oversight over the Special Needs Trusts.