Preview
WIM
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Sep-05-2012 1:37 pm
Case Number: PTR-12-295858
Filing Date: Sep-05-2012 1:35
Filed by: LARRISA DOTSON
Juke Box: 001 Image: 03751060
PROBATE RESPONSE/ANSWER
IN THE MATTER OF THE THE SPANOS FAMILY TRUST.
001P03751060
Instructions:
Please place this sheet on top of the document to be scanned.oC Oe ND HW RF BW we
YN YN N RD Ye Be ewe ewe ee Be De De ee
BNR RRERBENRBR SEDER T EDGR te
John Houston Scott, SBN 72578
Lizabeth N. de Vries, SBN 227215
W. Gordon Kaupp, SBN 226141
Scorr Law FIRM
1388 Sutter Street, Suite 715
San Francisco, CA 94109
Tel: (415) 561-9601
Fax: (415) 561-9609
liza@scottlawfirm.net
Attorneys for DIANE JONES
SUPERIOR COURT OF CALIFORNIA
CITY & COUNTY OF SAN FRANCISCO
In Re:
TRUST AGREEMENT — THE SPANOS
FAMILY TRUST, u/t/d 9/30/08, As Amended
Related Case: Case. No.: PCN-12-295393
CONSERVATORSHIP OF THE PERSON
[AND ESTATE OF JAMES NICK SPANOS.
eee
SIGNATURE VIA FAX
Trust Case: PTR -12-295858
DECLARATION OF DIANE JONES IN
RESPONSE TO PETITION TO BRING
TRUST UNDER COURT
SUPERVISION AND TO APPOINT
JEWISH FAMILY & CHILDREN’S
SERVICES AS SUCCESSOR TRUSTEE
Date: September 12, 2012
Time: 9:00 a.m.
Dept.: Probate, Room 202
ORIGINALSCOTT LAW FIRM
1388 SUTTER STREET, SUITE 715
SAN FRANCISCO, CA 94109
Responding party, successor trustee Diane Jones, submits the following response.
INTRODUCTION
This response is not filed to object to the remedy sought—appointing Jewish Family &
Children’s Services (“JFCS”) to serve as successor trustee of The Spanos Family Trust
(hereinafter referred to as “the trust”) to accomplish those tasks which a private professional
fiduciary should oversee.
Rather, the purpose of this declaration is to point out that these tasks are limited. Once
they are performed, the settlors’ wishes, as stated in the trust and trust amendment, were to
appoint a family member to manage their trust. Those wishes should be respected. The Spanos
Family Trust and its amendment identifies family members and not professional trustees, namely
me and Phyllis Kafouros. Ms. Kafouros has declined as have I. However, family member James
Garadis (who is the current co-conservator of the person) qualifies for a bond overseeing this trust
and should be appointed once the tasks for the professional to accomplish have been completed.
Further, this response is intended to provide information which, judging from the Petition
to Appoint JFCS as Successor Trustee and other pleadings filed in the trust and conservatorship
matters, JFCS may not be aware of and needs to conduct trust and conservatorship estate
administration in a neutral manner which is in the best interests of James Spanos.
DECL. OF DIANE JONES IN RESPONSE TO PETITION TO APPOINT JFCS AS TRUSTEESCOTT LAW FIRM
1388 SUTTER STRERFT, SUITE 715,
SAN FRANCISCO, CA 94109
2 me ND WwW BF WHY =
NN NN NY YN KY NY HS Ee ee Be Be Be Se Be
coc KD AW BF BN |= Ss © we HY HH BB wWwNYN SF
SPECIFIC CORRECTIONS TO THE FACTUAL RECORD
1. Paragraph 3: Line 21: The petition states that Phyllis Kafouros helped manage
Uncle Jim’s and Mary Spanos’s finances and coordinated their care of between October 2008 and
February 2011 while they lived in their Lakeshore home. Mary Spanos (hereafter referred to as
“Auntie”) told me the only financial-management assistance provided by Ms. Kafouros was to
assist them in creating their trust. Moreover, Uncle and Auntie told me that they had not seen or
heard from Ms. Kafouros during these years. Rather, they were living in a home that was in
serious disrepair. Further, they told me that the first time they had seen Ms. Kafouros in years was
when she visited them only once in the Board and Care located in Vacaville on Auntie’s birthday,
June 27, 2011, to bring Auntie’s twin sister to celebrate the birthday.
2. Paragraph 3, Page 3: Line 2: The petition states that the couple was “unable” to
accept 24-hour care. Rather, Auntie became combative because she found an unwelcome guest,
the husband of Phyllis Kafouros, in their home. She remained that way because she was on no
medication to assist her, she was sharp as a tack, and there were so many strange people roaming
in her home. Uncle was passive and happily accepted the care even while Auntie was elsewhere.
3. Paragraph 3: Page 3: Line 12-13: The petition states that I chose Serene Oaks.
Rather, I proposed we place the couple in the Emirates facility where they would have full care
while living in their own apartment with their own furniture. The facility cared for other family
members and they had highly-rated memory-care services. Ms. Kafouros declined because the
facility was too expensive. I ultimately agreed to Serene Oaks for it was located in Vacaville near
where I and Ms. Kafouros lived and I was shown a “master” bedroom where they would be
placed. My initial agreement was based on false information from the facility as to the nature and
quality of the services they were going to provide. After I discovered how Serene Oaks were
treating Uncle and Auntie, and placing them in a hallway rather than their own bedroom, I
recommended Ms. Kafouros remove them and place them back in their home, yet she refused.
4, Paragraph 3: Page 3: Line 20: The petition states I did not communicate my
concerns about Serene Oaks to Ms. Kafouros. From the moment Uncle and Auntie moved to this
board and care, I visited them on an almost-daily basis. I had to enlist Ms. Kafouros to get things
-2-
DECL. OF DIANE JONES IN RESPONSE TO PETITION TO APPOINT JFCS AS TRUSTEESCOTT LAW FIRM
1388 SUTTER STREET, SUITE 715
SAN FRANCISCO, CA 94109
an vA BF WY DY
resolved because she was the agent for medical decisions. I repeatedly called Ms. Kafouros to
report that Auntie was being overmedicated and requested that she contact the resident doctor to
adjust Auntie’s medications. [ also informed Ms. Kafouros when Auntie fell, when they took
Auntie to the hospital, and about the bedsore. | asked Ms. Kafouros to call the doctor to inform
the caregivers to lie Auntie on her side, not her back, using the body pillows I had purchased. On
at least five occasions I complained to Ms. Kafouros that Uncle and Auntie were placed in a
hallway. Most importantly, I told Ms. Kafouros on numerous occasions that Uncle and Auntie
wanted to go home. Moreover, once the elders were taking the proper medications, the caregivers
told me they could and should be at home with the proper care. In addition, I explained to Ms.
Kafouros that we needed to upgrade their Lakeshore home for their return. I obtained a home
inspection, forwarded it to Ms. Kafouros, and requested permission and funds to do the repairs as
proposed. Ms. Kafouros’s response was that whomever was going to inherit it could deal with it.
In addition, I told Ms. Kafouros that another resident at Serene Oaks had died from an overdose
of morphine and that the fellow who handed out medications was fired. In response to my pleas to
remove Uncle and Auntie from the board and care, and bring them home, Ms. Kafouros
repeatedly told me “no way” and “never.” But the final blow was when Ms. Kafouros said: “They
had their chance and they are never going home.”
5. Paragraph 3: Page 3:26-4:1: The petition states there is a “controversy” as to
whether the couple had capacity in late July 2011. Yet the estate planning attorney, Matt Lucas,
who met with Auntie and Uncle and made the estate-planning changes they requested, determined
that they had capacity to make the changes. Mr. Lucas filed a declaration filed with this Court
advising the Court and the parties regarding his determination of their capacity.
6. Paragraph 3: Page 4: Line 11; The petition states that I said the elders’ checks
were in my personal safe-deposit box. I did not say that and I do not have one. Rather, Ms.
Kafouros was aware that I was out of town on business during the referenced conversation. I told
Ms. Kafouros the checks were at the Spanoses’ home where she had left the uncollected mail. I
deposited the checks upon my return into the elders’ Wells account.
-3-
DECL. OF DIANE JONES IN RESPONSE TO PETITION TO APPOINT JFCS AS TRUSTEESCOTT LAW FIRM
1388 SUTTER STREET, SUITE 715.
SAN FRANCISCO, CA 94109
7. Paragraph 3: Page 4: Lines 12-21: The petition states that Wells Fargo transfers
were “suspicious” in September 2011 yet omitted documented facts surrounding the specific
transactions and players. In fact, Ms. Kafouros selectively stopped payment on some of Uncle’s
checks to prevent him from upgrading his home to prepare for his and Auntie’s return, and, to pay
for necessary furniture at Serene Oaks. These stop-payments or holds caused Wells Fargo Bank
Manager Jorge Chavez to advise Uncie to transfer his funds because Ms. Kafouros could place
another hold on his trust accounts 6460 and 0600 without his consent and contrary to his wishes.
Wells Fargo also wrote a letter dated September 15, 2011 so advising. Uncle elected not to close
the accounts with Ms. Kafouros’s name on it only because they were receiving automatic deposits
such as from social security. These bank statements also prove that the so-called withdrawals
were actually éransfers from one of the Spanoses’ accounts to another. Moreover, in 2011 Ms.
Kafouros had online access to Uncle and Auntie’s Wells Fargo accounts and received hard copies
of the statements because she had submitted a change-of-address form into Wells Fargo so that
she received the Spanoses' mail. The bank statements document this selective hold pattern and
transfers from one account to another. These documents were filed confidentially as Exhibits F
and G to my objection to JFCS's petition to become conservator, incorporated herein.
8. Paragraph 3: Page 4: Line 20: The petition states there were “institutions” which
placed flags or holds on the Spanos’ accounts. Yet only Wells Fargo placed a hold in response to
Ms. Kafouros’s request as described above.
9. Paragraph 3: Page 4:26-5:2: The petition states that I was “unable to provide
substantive answers” and “unresponsive” to APS worker Sara Bunting. This not true and is based
on hearsay. I spoke to Ms. Bunting approximately three times. I explained to her that Uncle’s
wife of sixty-three years had just passed away and people with dementia especially sundowners
become very confused in the evening. | expressed my firm desire to keep him home. She agreed. I
also provided Ms, Bunting with all the information she requested regarding the Wells Fargo
transfers. I told her about that this was advised by the Wells Fargo bank manager. | also informed
her of the upcoming game plan of moving the Chase funds from joint tenancy to a trust account
along with opening a new Chase Savings account so that the Wells Fargo money could be moved
-4-
DECL. OF DIANE JONES IN RESPONSE TO PETITION TO APPOINT JFCS AS TRUSTEESCOTT LAW FIRM
1388 SUTTER STREET, SUITE 715
SAN FRANCISCO, CA 94109
to that Savings Account. I also gave her Dr. Kealey’s name and number, as well Dr. Amaecher’s
information from Vacaville. I explained why we changed doctors (due to one-hour-plus commute
time to and from Daly City). I gave her the name of his new doctor in Daly City and explained
why we changed from Dr. Kealey, Namely, there was an cight-week minimum wait for an
appointment and she was not a geriatric specialist. I also told her about my concerns relating to
the remaining accounts that were still held in joint tenancy but were being moved to the trust. I
also told her I was concerned about her statement that Uncle did not respond to her, so I was
going to find a dementia specialist so he could get tested. I agreed to call her and give her updates
on the financial transfers and doctor information. I had nothing to hide and wanted to be sure
Uncle was being taken care of. Then Uncle was conserved.
10. Paragraph 4: Page 5: Line 19-22: The petition suggests that JFCS arranged for
James Spanos’s outings when JFCS simply continued services | had already set up for Uncle. I
requested JFCS continue the daily rides to Auntie’s gravesite which JFCS ceased when petitioner
became conservator and then were reinstituted. After my continued insistence, JFCS granted the
caregivers permission to take Uncle to Daly City Senior Center four miles from the house. In
April, JFCS responded to my request to address Uncle’s depression, in response to which, six
weeks later, Uncle Saw a psychiatrist and started receiving grief therapy.
1]. Paragraph 4: Page 5: Line 24: The petition states there were “unexplained
transactions” by me. Rather, I provided responses to JFCS’s questions by filling in items in a
spreadsheet sent by the JFCS. 1 welcome their inquiry about any of these transactions. I am
currently working with a professional to provide an accounting for this Court’s approval but am
waiting for JFCS to share trust statements with me.
12. Paragraph 4: Page 5:26-6:3: The petition states I have not disclosed information
about additional estate-planning documents. I and my lawyer have disclosed that I know of none.
JFCS requested that I contact Matt Lucas to request information relating to this issue, which my
lawyer did with no response. Nor am J aware of any pour-over will.
-5-
DECL. OF DIANE JONES IN RESPONSE TO PETITION TO APPOINT JFCS AS TRUSTEESCOTT LAW FIRM
1388 SUTTER STREET, SUITE 715
SAN FRANCISC
13. Paragraph 5: Page 7: Lines 4-25: The petition implies that JFCS has been
thwarted in their efforts to identify all trust assets. I have disclosed all information I have
regarding the Spanos Trust assets, sharing all related documents or information about them. For
example, I promptly provided Ms. Kafouros and JFCS’s shared counsel with a list of assets of
which I was aware. I also provided the contact information for Uncle’s accountant, It was also I
who through counsel encouraged the conservator of the estate to work with me to provide
information or statements so that the trust could file what was required relating to taxes prior to
April 15, 2012. I was assured the conservator of the estate would make all requisite filings.
14. Paragraph S: Page 7:26 through 8:1: The petition suggests that my attempts to
maintain the trust’s properties are improper. Ironically, on March 5, 2012 when I first met with
JFCS, they stated that they had no interest in anything relating to the trust assets. However, Ms.
Kafouros and JFCS cut off my access to trust information and assets since February 2012. I have
communicated to Ms. Kafouros and then to JFCS that numerous repairs were required at the
Trust’s three properties documented in three house inspections which I provided to all concerned.
Indeed, I have fronted numerous monies for Uncle’s benefit (and am still waiting to be
reimbursed). As to the painting contractor, in January 2012, prior to the ex-parte application filed
by Ms. Kafouros, I engaged a painter for the Lakeshore house because the stucco was cracked
open in many places and needed repair, along with severe dry rot. This job could not be started or
completed until weather permitted. I also had and have communicated serious concerns about dry
rot at the Eucalyptus property. Had JFCS simply called me to discuss this information as I have
consistently invited, it could have been resolved. Ironically it was I who suggested JFCS enlist a
physical therapist to ensure Uncle had what he needed in his home.! The recommended additions
to his home include a railing on the outside staircase which has yet to be installed. According to
the painting contractor, there will be no need for touch up or repainting to install the proposed
railing. | am still available to provide any information to JFCS that is needed to make sure Uncle
is well taken care of and that his estate is well managed,
' As stated in my objection to JFCS serving as conservator of the person, it was I who raised the
concern that Uncle was not being taken in and out of the home with the proper walker and gait
belt, which I purchased for him with my own funds.
-6-
DECL. OF DIANE JONES IN RESPONSE TO PETITION TO APPOINT JFCS AS TRUSTEESCOTT LAW FIRM
1388 SUTTER STREET, SUITE 715
SAN FRANCISCO, CA 94109
A ff Ww
un
15. Paragraph 6: Page 9: Line 13-18: The petition states that I caused discord,
additional work and costs, and, failed to respond to inquiries for information. To the contrary, I
have consistently attempted to resolve matters with Ms. Kafouros informally to no avail, and,
have provided all requested information. For example, an accounting was not formally requested
until recently—rather JFCS requested a list of accounts and provided me with a spreadsheet and
asked that I fill in the blanks. I provided the list of accounts promptly and the spreadsheet soon
after being released from the hospital. As to my requests for additional services to improve his
quality of life, as my Uncle’s concerned family member and former attorney-in-fact, I most
certainly have requested services be provided by his temporary conservator for his care.
16. Paragraph 6: Page 9: Line 18-21: The petition states I was in a boating accident
and therefore my “condition” is at issue. I was not involved in a boating accident. Rather on June
16, 2012, on my way to see my niece, I collapsed in a parking lot at the Ferry Building in Vallejo.
Thad a Ventricular Defilation Cardiac Arrest. I was lying on the ground for nine minutes before a
paramedic saved my life. I was taken to ICU where I was revived two more times. I remained in
ICU until June 25, 2012. On June 27, 2012 they installed a pace maker/defibrillator in me. | was
released the same day. I will be released back to return to work on September 4, 2012.
Miraculously, I experienced no brain damage. During the July 19, 2012 hearing, with all
concerned present, I said, “well this is better than lying dead in a parking lot.” I have never
communicated to anyone a false statement that I was in a “boating accident.” Rather, this near-
death medical event prevented me from responding to JFCS before the July 19, 2012 hearing to
fill out their accounting spreadsheet until after I regained consciousness. To prepare the
accounting JFCS has now requested, I told them on July 19, 2012 that I continue to wait for trust-
related statements to prepare it, which have yet to be transmitted.
-7-
DECL. OF DIANE JONES IN RESPONSE TO PETITION TO APPOINT JFCS AS TRUSTEESTREET, SUITE 715
SCOTT LAW FIRM
a
$
x
&
“
oO
g
y
2
z
a
xy
Zz
=
B
5
a
2
oO
6
17. Paragraph 6: Page 9: Line 18-21: The petition states am responsible for a lack
of communication between JFCS and me. Ironically, it is I who filed a request that this Court
order JFCS to communicate with me stating as follows:
Ms. Jones requests that if JFCS is to be appointed as temporary interim trustee (in
addition to its role as conservator of the estate over her uncle James Spanos), that
the Court instruct the entity to respond to Ms. Jones ignored requests to discuss her
uncle's estate. Specifically, Ms. Jones seeks to speak with JFCS to provide
information the institution reports to be seeking relating to her accounting. In
addition, she seck to share and exchange information to facilitate the take-over of
her uncle’s estate and the Spanos family’s assets. Ms. Jones suggests that a more
collaborative approach would be in the elder’s best interests.
My first outing since collapsing was to appear at JFCS’s ex parte hearing on July 19, 2012 to
communicate with the Court and the parties my desire to work together to provide whatever
information was necessary, and, to obtain trust statements to provide additional information to
prepare a formal accounting. JFCS agreed to provide me with trust statements at the hearing,
which they have not done. | agreed to provide JFCS with my filled-out spreadsheet, which I did.
JFCS has not communicated with me since Donna Adams left.
18. Paragraph 6: Page 9: Line 21-23: The petition implies there is good cause to
revoke my authority as successor trustee of the trust but omits to disclose that I offered to decline
to serve in my response to the ex parte application for JFCS to be appointed on a temporary basis
in my filed response which stated.
Ms. Jones agrees to decline to serve as successor trustee under the amendment to the
Spanos Family Trust conditioned upon the declination of Phyllis Kafouros to so serve,
and, the appointment of a temporary interim private-professional fiduciary to serve only
until such time as a family member may take over this role, as the elders had
unequivocally intended. Ms. Jones defers to the Court’s discretion to appoint a truly
neutral entity to serve in this temporary interim role as successor trustee.
19. Paragraph 7: Page 10: Line 11-17: It appears that JFCS is not including
information about the trust’s holdings in accounts | identified for them months ago, namely Chase
and others. I welcome the opportunity to work with JFCS to attempt to resolve these inaccuracies.
-8-
DECL., OF DIANE JONES IN RESPONSE TO PETITION TO APPOINT JFCS AS TRUSTEESCOTT LAW FIRM
1388 SUTTER STREET, SUITE 715
SAN FRANCISCO, CA 94109
20. Paragraph 8, Page 11, Line 8(d): The petition incorrectly states my mailing
address, It is 1101 North Camino Alto #41, Vallejo, CA 94589.
21. Paragraph 8, Page 11, Line 8(g): The petition incorrectly states Christine
Maniates’ name. It was changed to Christine Spanos prior to her demise in 1992.
22. Paragraph 8, Page 11, Line 8(g)(1){c): The petition incorrectly identifies a
“Constantine” who does not exist. James Nick Maniates’s mailing address is 3900 Grapevine
Mills Parkway #217, Grapevine Texas, 76051.
-9-
DECL. OF DIANE JONES IN RESPONSE TO PETITION TO APPOINT JFCS AS TRUSTEESCOTT LAW FIRM
1388 SUTTER STREET, SUITE 715
8/16/2812 20:12 787-469-8538 FEDEX OFFICE @654 PAGE 11
SAN FRANCISCO, CA 94109
I declare under penalty of perjury under the laws of the State of Califoria that the
foregoing is te and correct and that this declaration was executed on this 16 day of August,
2012 at N Qs) le . Califorsia.
Respectfully submitted.
DATED: augur?! 2012
j th
Attorney for Diane Jones
-10- \
DECLARATION OF DIANE JONES IN RESPOSNE TO PETITION TO APPOINT JIFCS AS TRUSTEEwa
PROOF OF SERVICE
(In Re: Trust Agreement — The Spanos Family Trust,
Conservatorship of the Person and Estate of James Nick Spanos, PCN-12-295858)
I, Rachel-Lynne Canero, declare as follows:
I am a citizen of the United States, over the age of eighteen years and not a party to the
within entitled action. My business address is 1388 Sutter Street, Suite 715, San Francisco,
California 94109. On August 31, 2012, I served the attached:
DECLARATION OF DIANE JONES IN RESPONSE TO PETITION TO BRING TRUST
UNDER COURT SUPERVISION AND TO APPOINT JEWISH FAMILY & CHILDREN’S
SERVICES AS SUCCESSOR TRUSTEE
on the interested party{ies) named below:
See Attached Service List
I served the attached document(s) in the manner indicated below:
Xl BY MAIL: I caused true and correct copy(ies) of the above documents to be placed
and sealed in envelope(s) addressed to the addressee(s) named above and, following
ordinary business practices, placed said envelope(s) at 1388 Sutter Street, Suite 715, San
Francisco, CA 94109, for collection and mailing with the United States Postal Service
and there is delivery by the United States Post Office at said address(es). In the
ordinary course of business, correspondence placed for collection on a particular day is
deposited with the United States Postal Service that same day.
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
Executed August 31, 2012 at San Francisco, California.
Rachel- ‘een TO
-2-
PROOF OF SERVICEService List
Counsel for Phyllis Kafouros, Tony Kafouros, Jewish Family& Children’s Services, and Donna
Adams
Bruce Feder (Sent via U.S. Mail)
Rowena C. Navia
Kato, Feder & Suzuki, LLP
685 Market Street, Suite 540
San Francisco, CA 94105
Telephone: (415) 974-57 15/Facsimile: (415) 974-6199
Email: bfeder@kfslaw.net
RNavia@kfslaw.net
Counsel for Conservatee, James Spanos
Mary Gemma (Sent via U.S. Mail)
Michelle O’Keefe
1514 Taraval Street
San Francisco, CA 94116
Telephone: (415) 664-6788
Facsimile: (415) 664-7280
Email: okeeffe2@earthlink.net
Proposed Co-Conservator James Garadis
Law Offices of Susanne B. Cohen James Garadis (Sent via U.S, Mail)
222 Kearny Street, Suite 650 6683 Bret Harte Drive
San Francisco, CA 94108 San Jose, CA 95120
Proposed Co-Conservator
Jim Kafouros (Sent via U.S. Mail)
5701 59" Street
Sacramento, CA 95824
Conservatee
James Spanos (Sent via U.S. Mail)
379 Lakeshore Drive
San Francisco, CA 94132
Peter Maniates (Sent via U.S. Mail)
427 Alamo Creek Court, Apt. B
Vacaville, 95688
James Maniates (Sent via U.S. Mail)
3900 Grapevine Mills Parkway, #217
Grapevine, TX 76051
Jeanine Lim (Hand-delivered)
Investigator, San Francisco Superior Court
400 McAllister Street, #202
San Francisco, CA 94102
3.
PROOF OF SERVICE,
Preview
WIM SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Sep-05-2012 1:37 pm Case Number: PTR-12-295858 Filing Date: Sep-05-2012 1:35 Filed by: LARRISA DOTSON Juke Box: 001 Image: 03751060 PROBATE RESPONSE/ANSWER IN THE MATTER OF THE THE SPANOS FAMILY TRUST. 001P03751060 Instructions: Please place this sheet on top of the document to be scanned.oC Oe ND HW RF BW we YN YN N RD Ye Be ewe ewe ee Be De De ee BNR RRERBENRBR SEDER T EDGR te John Houston Scott, SBN 72578 Lizabeth N. de Vries, SBN 227215 W. Gordon Kaupp, SBN 226141 Scorr Law FIRM 1388 Sutter Street, Suite 715 San Francisco, CA 94109 Tel: (415) 561-9601 Fax: (415) 561-9609 liza@scottlawfirm.net Attorneys for DIANE JONES SUPERIOR COURT OF CALIFORNIA CITY & COUNTY OF SAN FRANCISCO In Re: TRUST AGREEMENT — THE SPANOS FAMILY TRUST, u/t/d 9/30/08, As Amended Related Case: Case. No.: PCN-12-295393 CONSERVATORSHIP OF THE PERSON [AND ESTATE OF JAMES NICK SPANOS. eee SIGNATURE VIA FAX Trust Case: PTR -12-295858 DECLARATION OF DIANE JONES IN RESPONSE TO PETITION TO BRING TRUST UNDER COURT SUPERVISION AND TO APPOINT JEWISH FAMILY & CHILDREN’S SERVICES AS SUCCESSOR TRUSTEE Date: September 12, 2012 Time: 9:00 a.m. Dept.: Probate, Room 202 ORIGINALSCOTT LAW FIRM 1388 SUTTER STREET, SUITE 715 SAN FRANCISCO, CA 94109 Responding party, successor trustee Diane Jones, submits the following response. INTRODUCTION This response is not filed to object to the remedy sought—appointing Jewish Family & Children’s Services (“JFCS”) to serve as successor trustee of The Spanos Family Trust (hereinafter referred to as “the trust”) to accomplish those tasks which a private professional fiduciary should oversee. Rather, the purpose of this declaration is to point out that these tasks are limited. Once they are performed, the settlors’ wishes, as stated in the trust and trust amendment, were to appoint a family member to manage their trust. Those wishes should be respected. The Spanos Family Trust and its amendment identifies family members and not professional trustees, namely me and Phyllis Kafouros. Ms. Kafouros has declined as have I. However, family member James Garadis (who is the current co-conservator of the person) qualifies for a bond overseeing this trust and should be appointed once the tasks for the professional to accomplish have been completed. Further, this response is intended to provide information which, judging from the Petition to Appoint JFCS as Successor Trustee and other pleadings filed in the trust and conservatorship matters, JFCS may not be aware of and needs to conduct trust and conservatorship estate administration in a neutral manner which is in the best interests of James Spanos. DECL. OF DIANE JONES IN RESPONSE TO PETITION TO APPOINT JFCS AS TRUSTEESCOTT LAW FIRM 1388 SUTTER STRERFT, SUITE 715, SAN FRANCISCO, CA 94109 2 me ND WwW BF WHY = NN NN NY YN KY NY HS Ee ee Be Be Be Se Be coc KD AW BF BN |= Ss © we HY HH BB wWwNYN SF SPECIFIC CORRECTIONS TO THE FACTUAL RECORD 1. Paragraph 3: Line 21: The petition states that Phyllis Kafouros helped manage Uncle Jim’s and Mary Spanos’s finances and coordinated their care of between October 2008 and February 2011 while they lived in their Lakeshore home. Mary Spanos (hereafter referred to as “Auntie”) told me the only financial-management assistance provided by Ms. Kafouros was to assist them in creating their trust. Moreover, Uncle and Auntie told me that they had not seen or heard from Ms. Kafouros during these years. Rather, they were living in a home that was in serious disrepair. Further, they told me that the first time they had seen Ms. Kafouros in years was when she visited them only once in the Board and Care located in Vacaville on Auntie’s birthday, June 27, 2011, to bring Auntie’s twin sister to celebrate the birthday. 2. Paragraph 3, Page 3: Line 2: The petition states that the couple was “unable” to accept 24-hour care. Rather, Auntie became combative because she found an unwelcome guest, the husband of Phyllis Kafouros, in their home. She remained that way because she was on no medication to assist her, she was sharp as a tack, and there were so many strange people roaming in her home. Uncle was passive and happily accepted the care even while Auntie was elsewhere. 3. Paragraph 3: Page 3: Line 12-13: The petition states that I chose Serene Oaks. Rather, I proposed we place the couple in the Emirates facility where they would have full care while living in their own apartment with their own furniture. The facility cared for other family members and they had highly-rated memory-care services. Ms. Kafouros declined because the facility was too expensive. I ultimately agreed to Serene Oaks for it was located in Vacaville near where I and Ms. Kafouros lived and I was shown a “master” bedroom where they would be placed. My initial agreement was based on false information from the facility as to the nature and quality of the services they were going to provide. After I discovered how Serene Oaks were treating Uncle and Auntie, and placing them in a hallway rather than their own bedroom, I recommended Ms. Kafouros remove them and place them back in their home, yet she refused. 4, Paragraph 3: Page 3: Line 20: The petition states I did not communicate my concerns about Serene Oaks to Ms. Kafouros. From the moment Uncle and Auntie moved to this board and care, I visited them on an almost-daily basis. I had to enlist Ms. Kafouros to get things -2- DECL. OF DIANE JONES IN RESPONSE TO PETITION TO APPOINT JFCS AS TRUSTEESCOTT LAW FIRM 1388 SUTTER STREET, SUITE 715 SAN FRANCISCO, CA 94109 an vA BF WY DY resolved because she was the agent for medical decisions. I repeatedly called Ms. Kafouros to report that Auntie was being overmedicated and requested that she contact the resident doctor to adjust Auntie’s medications. [ also informed Ms. Kafouros when Auntie fell, when they took Auntie to the hospital, and about the bedsore. | asked Ms. Kafouros to call the doctor to inform the caregivers to lie Auntie on her side, not her back, using the body pillows I had purchased. On at least five occasions I complained to Ms. Kafouros that Uncle and Auntie were placed in a hallway. Most importantly, I told Ms. Kafouros on numerous occasions that Uncle and Auntie wanted to go home. Moreover, once the elders were taking the proper medications, the caregivers told me they could and should be at home with the proper care. In addition, I explained to Ms. Kafouros that we needed to upgrade their Lakeshore home for their return. I obtained a home inspection, forwarded it to Ms. Kafouros, and requested permission and funds to do the repairs as proposed. Ms. Kafouros’s response was that whomever was going to inherit it could deal with it. In addition, I told Ms. Kafouros that another resident at Serene Oaks had died from an overdose of morphine and that the fellow who handed out medications was fired. In response to my pleas to remove Uncle and Auntie from the board and care, and bring them home, Ms. Kafouros repeatedly told me “no way” and “never.” But the final blow was when Ms. Kafouros said: “They had their chance and they are never going home.” 5. Paragraph 3: Page 3:26-4:1: The petition states there is a “controversy” as to whether the couple had capacity in late July 2011. Yet the estate planning attorney, Matt Lucas, who met with Auntie and Uncle and made the estate-planning changes they requested, determined that they had capacity to make the changes. Mr. Lucas filed a declaration filed with this Court advising the Court and the parties regarding his determination of their capacity. 6. Paragraph 3: Page 4: Line 11; The petition states that I said the elders’ checks were in my personal safe-deposit box. I did not say that and I do not have one. Rather, Ms. Kafouros was aware that I was out of town on business during the referenced conversation. I told Ms. Kafouros the checks were at the Spanoses’ home where she had left the uncollected mail. I deposited the checks upon my return into the elders’ Wells account. -3- DECL. OF DIANE JONES IN RESPONSE TO PETITION TO APPOINT JFCS AS TRUSTEESCOTT LAW FIRM 1388 SUTTER STREET, SUITE 715. SAN FRANCISCO, CA 94109 7. Paragraph 3: Page 4: Lines 12-21: The petition states that Wells Fargo transfers were “suspicious” in September 2011 yet omitted documented facts surrounding the specific transactions and players. In fact, Ms. Kafouros selectively stopped payment on some of Uncle’s checks to prevent him from upgrading his home to prepare for his and Auntie’s return, and, to pay for necessary furniture at Serene Oaks. These stop-payments or holds caused Wells Fargo Bank Manager Jorge Chavez to advise Uncie to transfer his funds because Ms. Kafouros could place another hold on his trust accounts 6460 and 0600 without his consent and contrary to his wishes. Wells Fargo also wrote a letter dated September 15, 2011 so advising. Uncle elected not to close the accounts with Ms. Kafouros’s name on it only because they were receiving automatic deposits such as from social security. These bank statements also prove that the so-called withdrawals were actually éransfers from one of the Spanoses’ accounts to another. Moreover, in 2011 Ms. Kafouros had online access to Uncle and Auntie’s Wells Fargo accounts and received hard copies of the statements because she had submitted a change-of-address form into Wells Fargo so that she received the Spanoses' mail. The bank statements document this selective hold pattern and transfers from one account to another. These documents were filed confidentially as Exhibits F and G to my objection to JFCS's petition to become conservator, incorporated herein. 8. Paragraph 3: Page 4: Line 20: The petition states there were “institutions” which placed flags or holds on the Spanos’ accounts. Yet only Wells Fargo placed a hold in response to Ms. Kafouros’s request as described above. 9. Paragraph 3: Page 4:26-5:2: The petition states that I was “unable to provide substantive answers” and “unresponsive” to APS worker Sara Bunting. This not true and is based on hearsay. I spoke to Ms. Bunting approximately three times. I explained to her that Uncle’s wife of sixty-three years had just passed away and people with dementia especially sundowners become very confused in the evening. | expressed my firm desire to keep him home. She agreed. I also provided Ms, Bunting with all the information she requested regarding the Wells Fargo transfers. I told her about that this was advised by the Wells Fargo bank manager. | also informed her of the upcoming game plan of moving the Chase funds from joint tenancy to a trust account along with opening a new Chase Savings account so that the Wells Fargo money could be moved -4- DECL. OF DIANE JONES IN RESPONSE TO PETITION TO APPOINT JFCS AS TRUSTEESCOTT LAW FIRM 1388 SUTTER STREET, SUITE 715 SAN FRANCISCO, CA 94109 to that Savings Account. I also gave her Dr. Kealey’s name and number, as well Dr. Amaecher’s information from Vacaville. I explained why we changed doctors (due to one-hour-plus commute time to and from Daly City). I gave her the name of his new doctor in Daly City and explained why we changed from Dr. Kealey, Namely, there was an cight-week minimum wait for an appointment and she was not a geriatric specialist. I also told her about my concerns relating to the remaining accounts that were still held in joint tenancy but were being moved to the trust. I also told her I was concerned about her statement that Uncle did not respond to her, so I was going to find a dementia specialist so he could get tested. I agreed to call her and give her updates on the financial transfers and doctor information. I had nothing to hide and wanted to be sure Uncle was being taken care of. Then Uncle was conserved. 10. Paragraph 4: Page 5: Line 19-22: The petition suggests that JFCS arranged for James Spanos’s outings when JFCS simply continued services | had already set up for Uncle. I requested JFCS continue the daily rides to Auntie’s gravesite which JFCS ceased when petitioner became conservator and then were reinstituted. After my continued insistence, JFCS granted the caregivers permission to take Uncle to Daly City Senior Center four miles from the house. In April, JFCS responded to my request to address Uncle’s depression, in response to which, six weeks later, Uncle Saw a psychiatrist and started receiving grief therapy. 1]. Paragraph 4: Page 5: Line 24: The petition states there were “unexplained transactions” by me. Rather, I provided responses to JFCS’s questions by filling in items in a spreadsheet sent by the JFCS. 1 welcome their inquiry about any of these transactions. I am currently working with a professional to provide an accounting for this Court’s approval but am waiting for JFCS to share trust statements with me. 12. Paragraph 4: Page 5:26-6:3: The petition states I have not disclosed information about additional estate-planning documents. I and my lawyer have disclosed that I know of none. JFCS requested that I contact Matt Lucas to request information relating to this issue, which my lawyer did with no response. Nor am J aware of any pour-over will. -5- DECL. OF DIANE JONES IN RESPONSE TO PETITION TO APPOINT JFCS AS TRUSTEESCOTT LAW FIRM 1388 SUTTER STREET, SUITE 715 SAN FRANCISC 13. Paragraph 5: Page 7: Lines 4-25: The petition implies that JFCS has been thwarted in their efforts to identify all trust assets. I have disclosed all information I have regarding the Spanos Trust assets, sharing all related documents or information about them. For example, I promptly provided Ms. Kafouros and JFCS’s shared counsel with a list of assets of which I was aware. I also provided the contact information for Uncle’s accountant, It was also I who through counsel encouraged the conservator of the estate to work with me to provide information or statements so that the trust could file what was required relating to taxes prior to April 15, 2012. I was assured the conservator of the estate would make all requisite filings. 14. Paragraph S: Page 7:26 through 8:1: The petition suggests that my attempts to maintain the trust’s properties are improper. Ironically, on March 5, 2012 when I first met with JFCS, they stated that they had no interest in anything relating to the trust assets. However, Ms. Kafouros and JFCS cut off my access to trust information and assets since February 2012. I have communicated to Ms. Kafouros and then to JFCS that numerous repairs were required at the Trust’s three properties documented in three house inspections which I provided to all concerned. Indeed, I have fronted numerous monies for Uncle’s benefit (and am still waiting to be reimbursed). As to the painting contractor, in January 2012, prior to the ex-parte application filed by Ms. Kafouros, I engaged a painter for the Lakeshore house because the stucco was cracked open in many places and needed repair, along with severe dry rot. This job could not be started or completed until weather permitted. I also had and have communicated serious concerns about dry rot at the Eucalyptus property. Had JFCS simply called me to discuss this information as I have consistently invited, it could have been resolved. Ironically it was I who suggested JFCS enlist a physical therapist to ensure Uncle had what he needed in his home.! The recommended additions to his home include a railing on the outside staircase which has yet to be installed. According to the painting contractor, there will be no need for touch up or repainting to install the proposed railing. | am still available to provide any information to JFCS that is needed to make sure Uncle is well taken care of and that his estate is well managed, ' As stated in my objection to JFCS serving as conservator of the person, it was I who raised the concern that Uncle was not being taken in and out of the home with the proper walker and gait belt, which I purchased for him with my own funds. -6- DECL. OF DIANE JONES IN RESPONSE TO PETITION TO APPOINT JFCS AS TRUSTEESCOTT LAW FIRM 1388 SUTTER STREET, SUITE 715 SAN FRANCISCO, CA 94109 A ff Ww un 15. Paragraph 6: Page 9: Line 13-18: The petition states that I caused discord, additional work and costs, and, failed to respond to inquiries for information. To the contrary, I have consistently attempted to resolve matters with Ms. Kafouros informally to no avail, and, have provided all requested information. For example, an accounting was not formally requested until recently—rather JFCS requested a list of accounts and provided me with a spreadsheet and asked that I fill in the blanks. I provided the list of accounts promptly and the spreadsheet soon after being released from the hospital. As to my requests for additional services to improve his quality of life, as my Uncle’s concerned family member and former attorney-in-fact, I most certainly have requested services be provided by his temporary conservator for his care. 16. Paragraph 6: Page 9: Line 18-21: The petition states I was in a boating accident and therefore my “condition” is at issue. I was not involved in a boating accident. Rather on June 16, 2012, on my way to see my niece, I collapsed in a parking lot at the Ferry Building in Vallejo. Thad a Ventricular Defilation Cardiac Arrest. I was lying on the ground for nine minutes before a paramedic saved my life. I was taken to ICU where I was revived two more times. I remained in ICU until June 25, 2012. On June 27, 2012 they installed a pace maker/defibrillator in me. | was released the same day. I will be released back to return to work on September 4, 2012. Miraculously, I experienced no brain damage. During the July 19, 2012 hearing, with all concerned present, I said, “well this is better than lying dead in a parking lot.” I have never communicated to anyone a false statement that I was in a “boating accident.” Rather, this near- death medical event prevented me from responding to JFCS before the July 19, 2012 hearing to fill out their accounting spreadsheet until after I regained consciousness. To prepare the accounting JFCS has now requested, I told them on July 19, 2012 that I continue to wait for trust- related statements to prepare it, which have yet to be transmitted. -7- DECL. OF DIANE JONES IN RESPONSE TO PETITION TO APPOINT JFCS AS TRUSTEESTREET, SUITE 715 SCOTT LAW FIRM a $ x & “ oO g y 2 z a xy Zz = B 5 a 2 oO 6 17. Paragraph 6: Page 9: Line 18-21: The petition states am responsible for a lack of communication between JFCS and me. Ironically, it is I who filed a request that this Court order JFCS to communicate with me stating as follows: Ms. Jones requests that if JFCS is to be appointed as temporary interim trustee (in addition to its role as conservator of the estate over her uncle James Spanos), that the Court instruct the entity to respond to Ms. Jones ignored requests to discuss her uncle's estate. Specifically, Ms. Jones seeks to speak with JFCS to provide information the institution reports to be seeking relating to her accounting. In addition, she seck to share and exchange information to facilitate the take-over of her uncle’s estate and the Spanos family’s assets. Ms. Jones suggests that a more collaborative approach would be in the elder’s best interests. My first outing since collapsing was to appear at JFCS’s ex parte hearing on July 19, 2012 to communicate with the Court and the parties my desire to work together to provide whatever information was necessary, and, to obtain trust statements to provide additional information to prepare a formal accounting. JFCS agreed to provide me with trust statements at the hearing, which they have not done. | agreed to provide JFCS with my filled-out spreadsheet, which I did. JFCS has not communicated with me since Donna Adams left. 18. Paragraph 6: Page 9: Line 21-23: The petition implies there is good cause to revoke my authority as successor trustee of the trust but omits to disclose that I offered to decline to serve in my response to the ex parte application for JFCS to be appointed on a temporary basis in my filed response which stated. Ms. Jones agrees to decline to serve as successor trustee under the amendment to the Spanos Family Trust conditioned upon the declination of Phyllis Kafouros to so serve, and, the appointment of a temporary interim private-professional fiduciary to serve only until such time as a family member may take over this role, as the elders had unequivocally intended. Ms. Jones defers to the Court’s discretion to appoint a truly neutral entity to serve in this temporary interim role as successor trustee. 19. Paragraph 7: Page 10: Line 11-17: It appears that JFCS is not including information about the trust’s holdings in accounts | identified for them months ago, namely Chase and others. I welcome the opportunity to work with JFCS to attempt to resolve these inaccuracies. -8- DECL., OF DIANE JONES IN RESPONSE TO PETITION TO APPOINT JFCS AS TRUSTEESCOTT LAW FIRM 1388 SUTTER STREET, SUITE 715 SAN FRANCISCO, CA 94109 20. Paragraph 8, Page 11, Line 8(d): The petition incorrectly states my mailing address, It is 1101 North Camino Alto #41, Vallejo, CA 94589. 21. Paragraph 8, Page 11, Line 8(g): The petition incorrectly states Christine Maniates’ name. It was changed to Christine Spanos prior to her demise in 1992. 22. Paragraph 8, Page 11, Line 8(g)(1){c): The petition incorrectly identifies a “Constantine” who does not exist. James Nick Maniates’s mailing address is 3900 Grapevine Mills Parkway #217, Grapevine Texas, 76051. -9- DECL. OF DIANE JONES IN RESPONSE TO PETITION TO APPOINT JFCS AS TRUSTEESCOTT LAW FIRM 1388 SUTTER STREET, SUITE 715 8/16/2812 20:12 787-469-8538 FEDEX OFFICE @654 PAGE 11 SAN FRANCISCO, CA 94109 I declare under penalty of perjury under the laws of the State of Califoria that the foregoing is te and correct and that this declaration was executed on this 16 day of August, 2012 at N Qs) le . Califorsia. Respectfully submitted. DATED: augur?! 2012 j th Attorney for Diane Jones -10- \ DECLARATION OF DIANE JONES IN RESPOSNE TO PETITION TO APPOINT JIFCS AS TRUSTEEwa PROOF OF SERVICE (In Re: Trust Agreement — The Spanos Family Trust, Conservatorship of the Person and Estate of James Nick Spanos, PCN-12-295858) I, Rachel-Lynne Canero, declare as follows: I am a citizen of the United States, over the age of eighteen years and not a party to the within entitled action. My business address is 1388 Sutter Street, Suite 715, San Francisco, California 94109. On August 31, 2012, I served the attached: DECLARATION OF DIANE JONES IN RESPONSE TO PETITION TO BRING TRUST UNDER COURT SUPERVISION AND TO APPOINT JEWISH FAMILY & CHILDREN’S SERVICES AS SUCCESSOR TRUSTEE on the interested party{ies) named below: See Attached Service List I served the attached document(s) in the manner indicated below: Xl BY MAIL: I caused true and correct copy(ies) of the above documents to be placed and sealed in envelope(s) addressed to the addressee(s) named above and, following ordinary business practices, placed said envelope(s) at 1388 Sutter Street, Suite 715, San Francisco, CA 94109, for collection and mailing with the United States Postal Service and there is delivery by the United States Post Office at said address(es). In the ordinary course of business, correspondence placed for collection on a particular day is deposited with the United States Postal Service that same day. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed August 31, 2012 at San Francisco, California. Rachel- ‘een TO -2- PROOF OF SERVICEService List Counsel for Phyllis Kafouros, Tony Kafouros, Jewish Family& Children’s Services, and Donna Adams Bruce Feder (Sent via U.S. Mail) Rowena C. Navia Kato, Feder & Suzuki, LLP 685 Market Street, Suite 540 San Francisco, CA 94105 Telephone: (415) 974-57 15/Facsimile: (415) 974-6199 Email: bfeder@kfslaw.net RNavia@kfslaw.net Counsel for Conservatee, James Spanos Mary Gemma (Sent via U.S. Mail) Michelle O’Keefe 1514 Taraval Street San Francisco, CA 94116 Telephone: (415) 664-6788 Facsimile: (415) 664-7280 Email: okeeffe2@earthlink.net Proposed Co-Conservator James Garadis Law Offices of Susanne B. Cohen James Garadis (Sent via U.S, Mail) 222 Kearny Street, Suite 650 6683 Bret Harte Drive San Francisco, CA 94108 San Jose, CA 95120 Proposed Co-Conservator Jim Kafouros (Sent via U.S. Mail) 5701 59" Street Sacramento, CA 95824 Conservatee James Spanos (Sent via U.S. Mail) 379 Lakeshore Drive San Francisco, CA 94132 Peter Maniates (Sent via U.S. Mail) 427 Alamo Creek Court, Apt. B Vacaville, 95688 James Maniates (Sent via U.S. Mail) 3900 Grapevine Mills Parkway, #217 Grapevine, TX 76051 Jeanine Lim (Hand-delivered) Investigator, San Francisco Superior Court 400 McAllister Street, #202 San Francisco, CA 94102 3. PROOF OF SERVICE,