Party Statement: THE ESTATE OF YING CHEUNG

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                                SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO

Document Scanning Lead Sheet
Mar-19-2015 03:31 pm

Case Number: PES-15-298620
Filing Date: Mar-19-2015 03:28 pm
Filed by: ELIZABETH FONG
Juke Box: 001 Image: 04837478

DECLARATION

THE ESTATE OF YING CHEUNG

001P04837478

Instructions:
Please place this sheet on top of the document to be scanned.0 ON DW PF WN &

NN YN YN NN NY Be ee Be Be Be eB Be Be
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CHRISTINA Y. CHEN, SBN 108977 E D
LAW OFFICES OF CHRISTINA Y. CHEN F I L

1155 Pine Street Francisco County Superior Court
San Francisco, CA 94109 MAR 19 2015

Telephone: (415) 441-8778

Facsimile: (415) 44108789 CLEBK OF THE COURT
Attorney for Petitioner ov ac apa
PHILIP RU HUI CHOW

aka RU HUI ZHAO

SUPERIOR COURT OF THE STATE OF CALIFORNIA

CITY AND COUNTY OF SAN FRANCISCO

In re the Estate of: ) Case No. - .
) PS-15-29 962
)
) DECLARATION OF
) CHRISTINA Y. CHEN
YING CHEUNG ) RE: DUE DILIGENCE
aka YING GAGRICA, ) IN SEARCH OF
) HEIRS
)
)
Decedent . )
)
)
)

I, CHRISTINA Y. CHEN, declare:

I have personal knowledge of the facts stated below, and if
called a witness, with testify with competence, as follows:

1. I am an attorney at law duly licensed to practice
before all courts in the State of California. I serve as counsel
for Petitioner, Phillip Ru Hui Chow aka Ru Hui Zhao (hereinafter
“Phillip”), god-son of Ying Cheung, decedent herein.

2. As his counsel, and before decedent’s death on February

Declaration of Christina Y. Chen re: Due Diligence in search of heirsom IN DH FF WN

PNR YRRNRNN DY eee ewe eB ee -
Se XaanREERE SF Feri A BDREBEHRAS

19, 2015, I was served with the Petition for Appointment of
Probate Conservator (hereinafter “the Petition”) filed on
December 21, 2012.

3. Based on the Petition, then proposed Conservatee, Ying
Cheung’s relatives “within the 1% and 2™ degree or under Probate
Code 1821(b) (1)-(4) are unknown to Petitioner”. The endorsed
filed copy of the Petition is attached as Exh. 1.

4. I was also served with Report of the Court Investigator
on General Conservatorship Pursuant to Sec. 1826 of the
California Probate Code (hereinafter “the Report”) filed January
15, 2013, a copy of which is attached as Exh. 2.

5. Based on said Report,” Ying Cheung was born on August
15, 1927 in Shanghai, China...she was the youngest and only
surviving sibling out of 13 children in her family. She no longer
maintains contact with any of her nieces or nephews....” page 5
or 12, the Report, Exh. 2.

6. Ying Cheung came to my office on December 5, 2012 for
the specific purpose of meeting and getting to know Andrea Leung,
a private professional recommended to serve as her conservator.

7. On that occasion, I asked Ying Cheung if there were
relatives here in the United States, or, in China, upon whom
notice of the Petition must be served. Ying Cheung responded that
there were none, as her siblings, all her seniors, had died, and

names of her nieces and nephews and their whereabouts were

Declaration of Christina Y. Chen re: Due Diligence in search of heirs 2unknown to her.

Under penalty of perjury and the laws of the State of
California I declare the foregoing to be true and correct.
Executed this 18" day of March, 2015 in San Francisco,

California.

(Le
CHRISTINA Y. CHEN

oem rt KH WH WN

YN NN NNN ee ew ewe ew ewe ew Be ew
an vn F&F WN KH FD Ome NH DHMH F&F YW NY —&§ OS

27

28 |! Declaration of Christina Y. Chen re: Due Diligence in search of heirs 3EXHIBIT

|® e GC-310

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
Brent R. Kato (SBN 71430) Re 2A g
Kato, Feder & Suzuki, LLP AiGh ISSUED
685 Market Street, Ste 540 |
San Francisco, CA 94105 san Feabciede boul Pertor court
retepHoneno: (415) 974-5715 Fax No.(optionay: (415) 974-6199
E-MAIL ADDRESS (Optionay: Dkato@kfslaw.net DEC 21 2012
ATTORNEY FOR (Name: ANdrea Leung
SUPERIOR COURT OF CALIFORNIA, COUNTY OFSan Francisco CLERK OF THE COURT
srreetaporess: 400 McAllister Street Oy: -GERALDINE ANDERSON —_
wane aporess: 400 McAllister Street, Room 103 Deputy Clerk
cirvanozecooe: San Francisco, CA 94102 .
BRANCH NAME: ~—
CONSERVATORSHIP OF
(Name): Ying Cheung SIGNATURE VIA FACSIMILE
(PROPOSED) CONSERVATEE|
PETITION FOR APPOINTMENT OF = (] SUCCESSOR SPCN-12-296241
PROBATE CONSERVATOR OF THE [8] PERSON [%} ESTATE EARING DATED TE: oa
Cy Limited Conservatorship January 17, 2013 Pro!
. Petitioner (name): Andrea Leung requests that
a. (Name): Andrea Leung (Telephone): (415) 752-7168

(Address): 1628 Noriega
San Francisco, CA 94122

be appointed [[} successor  (X] conservator (C) limited conservator
of the PERSON of the (proposed) conservatee and Letters issue upon qualification.
(Name): Andrea Leung (Telephone): (415) 752-7168
(Address): 1628 Noriega
San Francisco, CA 94122

be appointed [Z] successor [XJ conservator (C} {limited conservator

of the ESTATE of the (proposed) conservatee and Letters issue upon qualification.

(1) (2d bond not be required [) because the proposed (C) successor conservator is a corporate fiduciary
or an exempt government agency. [_]] for the reasons stated in Attachment 1c.

(2) (XQ bond be fixed at: $ 120, 000.00 to be furnished by an authorized surety company or as otherwise provided
by law. (Specify reasons in Attachment 1c if the amount is different from the minimum required by Probate Code
section 2320.)

8) Os in deposits in a blocked account be allowed. Receipts will be filed. (Specify institution and
Iecation):

(2 orders authorizing independent exercise of powers under Probate Code section 2590 be granted.
Granting the proposed (_] successor conservator of the estate powers to be exercised independently under
Probate Code section 2590 would be to the advantage and benefit and in the best interest of the conservatorship
estate. (Specify orders, powers, and reasons in Attachment 1d.)

CD orders relating to the capacity of the (proposed) conservatee under Probate Code section 1873 or 1901 be granted.
(Specify orders, facts, and reasons in Attachment te.)

CQ orders relating to the powers and duties of the proposed (C2 successor conservator of the person under
Probate Code sections 2351-2358 be granted. (Specify orders, facts, and reasons in Attachment 1f.)

[EX] the (proposed) conservatee be adjudged to lack the capacity to give informed consent for medical treatment or
healing by prayer and that the proposed [[] successor conservator of the person be granted the powers
specified in Probate Code section 2355. (Complete item 9 on page 6.)

NOT use this form for a ter conservatorship. Page 1 of 7
‘opted for Mandatory Use PETITION FOR APPOINTMENT OF PROBATE CONSERVATOR Probate Code, $5 1820, 1621

Sho TRev. July 1, 2008} ‘Martin Deans (Probate-Guardianships and Conservatorships) www courtinto.ce.gov
Rs

Cheung, YingGC-310

CONSERVATORSHIP OF (Name): CASE NUMBER:
_Ying Cheung PCN-12-296241

CONSERVATER

3.

c.

d.

f.

Proposed (C) successor conservator is (check all that apply):

(1) (2) a nominee. (Affix nomination.as Attachment 3¢(1).)

(2) [.} the spouse of the, (proposed) conservatee. (You must also complete item 6.)

(3) QQ the domestic partner or former domestic partner of the (proposed) conservatee. (You must also complete item 7.)

(4) (_) a relative of the (proposed) conservatee as (specify relationship):

(6) CQ abank [C) other entity authorized to conduct the business of a trust company.

(6) () a nonprofit charitable corporation that meets the requirements of Probate Code section 2104.

(7) (&) a professional fiduciary, as defined in Business and Professions Code section 6501(f). His or her statement
concerning licensure or exemption is provided in item 1 on page 1 of the attached Professional Fiduciary
Attachment. (Use form GC-210(A-PF)/GC-310(A-PF) for this attachment.)

(8) (2) other (specify):

(Cd Engagement and prior relationship with petitioning professional fiduclary (complete this item if petitioner is
licensed by the Professional Fiduciaries Bureau.) -

(1) [XQ Statements of who engaged petitioner, or how petitioner was engaged to file this petition, and a description of
any prior relationship petitioner had with the (proposed) conservatee or his or her family or friends, are
provided in item 2 on page 2 of the attached Professional Fiduciary Attachment.

(Use form GC-210(A-PF)/GC-310(A-PF) for this attachment.)

(2) CVA petition for appointment of a temporary conservator is filed with this petition. That petition contains
statements of who engaged petitioner, how petitioner was engaged to file this petition, and a description of
any prior relationship petitioner. had with the (proposed) conservatee or his or her family and friends.

Character and estimated value of the property of the estate (complete items (1) or (2) and (3), (4), and (5)):

(1) (CQ (For appointment of successor conservator only, if complete Inventory and Appraisal filed by predecessor):
Personal property: $ » Per Inventory and Appraisal filed in this proceeding on
(specify dates of filing of all inventories and appraisals):

(2) (X) Estimated vatue of personal property: $ 98,000.00
(3) Annual gross income from

(a) real property: $ UNKNOWN

(b) personal property: $ 980.00

(c) pensions: . $ UNKNOWN

(a) wages: $ 0.00

(e) public assistance benefits: $ 9,360.00

(f) other: $—UNKNOWN
(4) Total of (1) or (2) and (3): $___108, 340.00
(5) Real property: $ — 1,100,000.00

(a) (CO per inventory and Appraisal identified in item (1).
(b) (X) estimated vatue.

(Q) Due diligence (complete this item if the (proposed) conservatee is not a petitioner):
(1) Efforts to find the (proposed) conservatee's relatives or reasons why it is not feasible to contact any of them are
described on Attachment 3f(1).
(2) Statements of the (proposed) conservatee's preferences conceming the appointment of any (successor) conservator
and the appointment of the proposed (successor) conservator or reasons why it is not feasible to ascertain those
preferences are contained on Attachment 3f(2).

3-810 [Rev. July 1, 2009} PETITION FOR APPOINTMENT OF PROBATE CONSERVATOR Page 30f7

2 som aoe

(Probate-Guardianships and Conservatorships) Cheung, Ying
’CONSERVATORSHIP OF (Name): CASE NUMBER:

_Ying Cheung PCN-12-296241
CONSERVATEE|

GC-310.

i. ¢. (Proposed) conservatee requires a conservator and is

(2) [&) substantially unable to manage his or her financial resources or to resist fraud or undue influence.
Supporting facts are [_} specified in Attachment 5c(2) [XJ as follows:
Due to dementia, Ms. Cheung is unable to manage her financial
resources. She is unable to plan, organize, and carry out
actions in her own best interests. Ms. Cheung does not
understand her financial affairs, cannot identify assets, and
is unable to protect herself from undue influence or fraud.

. d. [2] (Proposed) conservatee voluntarily requests the appointment of a Cd successor conservator.
(Specify facts showing good cause in Attachment 5(d).)
e. [&]) Confidential Supplemental Information (form GC-312) is filed with this petition. (Initial appointment of conservator only.
All petitioners must file this form except banks and other entities authorized to do business as a trust company.)
f. (Proposed) conservatee [C} is (&) Is not developmentally disabled as defined in Probate Code section 1420.
Petitioner is aware of the requirements of Probate Code section 1827.5. (Specify the nature and degree of the alleged
disability in Attachment 5f).

. (2) Petitioner or proposed (] successor conservator is the spouse of the (proposed) conservatee.
(if this statement is true, you must answer a or b.)
(2) The (proposed) conservatee's spouse is not a party to any action or proceeding against the (proposed) conservatee for
legal separation, dissolution of marriage, annulment, or adjudication of nullity of their marriage.

b. [CJ Although the (proposed) conservatee's spouse is a party to an action or proceeding against the (proposed) conservatee
for legal separation, dissolution, annulment, or adjudication of nullity of their marriage, or has obtained a judgment in one
of these proceedings, it is in the best interest of the (proposed) conservatee that:

(1) Ca (CQ successor conservator be appointed.
(2) (CJ the spouse be appointed as the (C] successor conservator.
(if you checked item 6b(1) or (2) or both, specify the facts and reasons in Attachment 6b.)

(CC) Petitioner or proposed ([<] successor conservator Is the domestic partner or former domestic partner of the
(proposed) conservatee. (if this statement is true, you must answer a or b.):

a. [.) The domestic partner of the (proposed) conservatee has not terminated and does not intend to terminate the
domestic partnership.

b. (C) Although the domestic partner or former domestic partner of the (proposed) conservatee intends to terminate or has
terminated the domestic partnership, it is in the best interest of the (proposed) conservatee that:
(1) Ca (2) successor conservator be appointed.
(2) (2) the domestic partner or former domestic partner be appointed as the [] successor conservator.
(if you checked item 7b(1) or (2) or both, specify the facts and reasons in Attachment 7b.)

3-310 [Rev. July 1, 2008] PETITION FOR APPOINTMENT OF PROBATE CONSERVATOR _ Page 6 of7

(Probate-Guardianships and Conservatorshi; .
2 sam ea ‘ uaralanships 8 ps) Cheung, YingGC-310

CONSERVATORSHIP OF (Name}:

CASE WOWGERE °
| Ying Cheung PCN-12~-296421

CONSERVA’
11. (Proposed) conservatee's relatives (continued)
Name and relationship to conservatee Residence address
”
@®)

(CX Continued on Attachment 11.

12. (Q] Confidential conservator screening form
Submitted with this petition is a Confidential Conservator Screening Form (form GC-314) completed and signed by the
proposed (_] successor conservator. (Required for all, proposed conservators except banks and trust companies.)

13.) Court investigator
Filed with this petition is a proposed Order Appointing Court Investigator (form GC-330).

14. Number of pages attached: 4 ss

Dates | 1 (2. :
aN > Goo= 2. he

(TYPE OR PRINT NAME OF ATTORNEY FOR PETITIONER) {SIGNATURE OF ATTORNEY:FOR PETITIONER)
{All petitioners must also sign (Prob. Code, § 1020; Cal, Rules of Court, rule 7.103).) SIGNATURE VIA FACSIMILE

| declare under penalty of perjury under the laws of the State of California that the foregoing Is true and correct.

Date: Deca nb 1a, 4 
(TYPE OR PRINT NAME OF PETITIONER) tonne ereren
»

(TYPE OR PRINT NAME OF PETITIONER) (BronaTuRs/or PETITIONER)

GC-S10 fRev. dy 1, 2009], PETITION FOR APPOINTMENT OF PROBATE CONSERVATOR Page 7 of 7

(cap) pete _—__ (Probate-Guardianships and Conservatorships)
Sissi Cheung, YingGUARDIANSHIP OR CONSERVATORSHIP OF (Name): CASE NUMBER:
| Ying Cheung PCN-12-296421

GC-210(A-PF)/GC-310(A-PF)

MINOR OR CONSERVATEE.

PROFESSIONAL FIDUCIARY ATTACHMENT TO
PETITION FOR APPOINTMENT OF GUARDIAN OR CONSERVATOR

Attachment to form GC-310

2. (Xl ama petitioner for the appointment of a conservator in this matter. (Select a. or b.):
a. [X] I was engaged to petition for this appointment by (name): The Public Guardian

b. [Q) The circumstances and manner of my engagement to file the petition for appdintment of a conservator are (specify):
The Public Guardian was appointed Temporary Conservator of the
Person and Estate of Ying Cheung by Order of this Court on
11/29/2012. Ms. Cheung is monolingual Chinese and the proposed
cpnservatee's court appointed attorney believes that it is in the
best interests of Ms. Cheung that her conservator be able to
communicate and ask petitioner to proceed.

c, Before my engagement in this matter, | had (kino prior relationship [_} the prior relationship described below
with the proposed conservatee, his or her family, or his or her friends (describe):

I declare under of penalty of perjury under the laws of the State of California that the foregoing is true and correct
Date: De wher (9°, 90D

Andrea Leung. : >
(NAME OF PROFESSIONAL FIOUCIARY) (SIGNATURE OF PROFESSIONAL rugn
GCZIOA PREC SOAR) PROFESSIONAL FIDUCIARY ATTACHMENT TO
Dio nar 12008) PETITION FOR APPOINTMENT OF GUARDIAN OR CONSERVATOR amners

2 isa fame (Probate-Guardianships and Conservatorships) Cheung, Ying: GC-313
King chew OF (Name) : @ Ou

Ying Cheung PCN-12-296241

CONSERVATEE

ATTACHMENT REQUESTING SPECIAL ORDERS REGARDING DEMENTIA
(Petition for Exclusive Authority to Give Consent for Medical Treatment (form GC-380))
(Petition for Appointment of Probate Conservator (form GC-310))

Petitioner requests that the conservator of the person be authorized
a. (CJ to place the conservatee in a secured perimeter residential care facility for the elderly operated under Health and Safety
Code section 1569.698 and which has a care plan that meets the requirements of California Code of Regulations, title 22,

section 87724.
b. [(&] to authorize the administration of medications appropriate for the care and treatment of dementia.

The conservatee or proposed conservatee has dementia as defined in the current edition of the Diagnostic and Statistical Manual of
Mental Disorders.

A medical declaration executed by a licensed physician, or licensed psychologist acting within the scope of his or her licensure
with at least two years experience in diagnosing dementia,

a. (C) has been filed.

b. CQ) wWADOH WIRKDEERAINKEEg. was filed on 11/15/2012.

-. (2) Restricted placement. The conservatee needs or would benefit from placement as requested in item 1a. The conservatee

lacks capacity to give informed consent to this placement. The placement requested is the least restrictive placement
appropriate to the needs of the conservatee.

. (8) Dementia medications. The conservatee needs or would benefit from medications appropriate to the care and treatment of

dementia. The conservatee lacks capacity to give informed consent to the administration of those medications.

sm Adopted for Mandatory Uso ATTACHMENT REQUESTING SPECIAL ORDERS REGARDING DEMENTIA Probate Code, § 2356.5
3-313 [Rev. January 1, 2003) (Petition for Exclusive Authority to Give Consent for Medical Treatment)

Mart Dest (Petition for Appointment of Probate Conservator)
mo) ESsenmiat Faus™ Cheung, YingPetition for Appointment of er Conservator of the Estate of Ying @:
Attachment to Petition
PCN-12-296241

Attacl t 1

Orders related to dementia placement or treatment as specified in the Attachment
requesting special Orders Regarding Dementia (form GC-313) under Probate Code section
2356.5 be granted. A Capacity Declaration-Conservatorship (form GC-335) and Dementia
Attachment to capacity Declaration-conservatorship (form GC-335A), executed by a licensed
physician or by a licensed psychologist acting within the scope of his or her licensure with at
least two years of experience diagnosing dementia , has been filed with this Court on November
15, 2012.

Attacl it 1L

All advanced health care directives (or, as previously known, durable powers of attorney
for health care) and/or powers of attorney for financial management that may have been executed
by YING CHEUNG prior to the initiation of these proceedings be suspended, with the exception
of any directives regarding life-sustaining treatment or funeral instructions expressed therein.

Attachment 3f(1)

The proposed conservatee, Ying Cheung, is a divorced female who has no children.
Reportedly she has one godson who is unable to act on her behalf. Petitioner has met with the
proposed conservatee and could not gather any information that she has any relatives now living.
Additionally, Petitioner’s attorneys conducted an internet and telephone search to locate any
relatives of the proposed conservatee.

Attachment 3f(2'

Due to her confusion, disorientation and other cognitive limitations, the proposed
conservatee is unable to identify or state preferences regarding persons who could serve as
conservator.

Attachment 9(b)

A Capacity Declaration-Conservatorship (form GC-335) executed by a licensed
physician or by a licensed psychologist acting within the scope of his or her licensure, stating
that the (proposed) conservatee lacks the capacity to give informed consent for any form of
medical treatment and giving reasons and the factual basis for this conclusion, was filed with this
Court on November 15, 2012.EXHIBIT

2CONFIDENTIAL

Superior Court of California FOR COURT USE ONLY

County of San Francisco
400 McAllister Street, Room 202 ENDORSED
San Francisco, CA 94102-4512 1LED

7 San Francisco County Superior Court
Conservatorship of

XX] Person [X] Estate JAN 75 2013

[_] Limited Conservatorship CLERK OF THE C OURT
YING CHEUNG By: —_B. MICHAEL DILES

REPORT OF THE COURT INVESTIGATOR ON GENERAL CONSERVATORSHIP
PURSUANT TO §1826 OF THE CALIFORNIA PROBATE CODE

Hearing Date: January 17, 2013 Case No. PCN-12-296241
A. PROPOSED CONSERVATOR(S): ATTORNEY(S):
Petition 1: Petition 1:
San Francisco Public Guardian Evyn Shomer, Attorney at Law
Petition 2: Petition 2:

Andrea Leung (private professional fiduciary) Brent R. Kato, Attorney at Law

B. ATTORNEY APPOINTED FOR PROPOSED CONSERVATEE:

XX] Yes CINo
NAME OF THE COURT APPOINTED ATTORNEY IS: _Grant Tomioka, Attorney at Law

ATTORNEY APPOINTED BECAUSE

{_] PROPOSED CONSERVATEE REQUESTED

(J INVESTIGATOR DETERMINED IT COULD BE HELPFUL

(J Tuis Is A PETITION FOR A LIMITED CONSERVATORSHIP

[X] DEMENTIA POWERS UNDER PROBATE CODE §2356.5 REQUESTED

CJ (remporary) CONSERVATOR PETITIONED TO CLOSE (PROPOSED) CONSERVATEE’S APARTMENT

C. OTHER REPRESENTED PARTIES: ATTORNEY(s):
Phillip Chow Christina Chen, Attorney at Law
Relationship to proposed conservatee: godson

REPORT OF THE COURT INVESTIGATOR ON GENERAL CONSERVATORSHIP
PURSUANT TO PROBATE CODE §1826

CONFIDENTIALCONFIDENTIAL

PETITION FOR TEMPORARY CONSERVATORSHIP
IX] Was GRANTED

(J Was not GRANTED

EJ Was not FILED

IF GRANTED, THE DATE WAS_1 1/29/12 WITH AN EXPIRATION DATE OF: 1/17/13.
NAME OF THE TEMPORARY CONSERVATOR IS_SAN FRANCISCO PUBLIC GUARDIAN .

PROPOSED CONSERVATEE'S ADDRESS AND
TELEPHONE NUMBER:

661 46th Avenue
San Francisco, CA 94121
(415) 752-4580

PROPOSED CONSERVATOR(S) NAME, ADDRESS
AND TELEPHONE NUMBERS:

Petition 1:

San Francisco Public Guardian
1650 Mission Street, 4th Floor
San Francisco, CA 94103
(415) 355-3555

Petition 2:

Andrea Leung (private professional fiduciary)
1628 Noriega Street

San Francisco, CA 94122

(415) 752-7168

OTHER REPRESENTED PARTIES:

Phillip Chow

661 46th Avenue

San Francisco, CA 94121
(415) 515-3353

Relationship to proposed conservatee: godson

Page 2 of 12

Court APPOINTED ATTORNEY

Grant Tomioka, Attorney at Law
4444 Geary Blvd., Suite 301

San Francisco, CA 94118

(415) 670-9929

ATTORNEY(S):

Petition 1:

Evyn Shomer, Attorney at Law
San Francisco Public Guardian
1650 Mission Street, 4th Floor
San Francisco, CA 94103
(415) 355-3521

Petition 2:

Brent R. Kato, Attorney at Law
Kato, Feder & Suzuki, LLP
685 Market Street, Suite 540
San Francisco, CA 94105
(415) 974-5715

ATTORNEY(S):

Christina Chen, Attorney at Law
1155 Pine Street

San Francisco, CA 94109

(415) 441-8778CONFIDENTIAL

ADVISEMENT OF RIGHTS

I personally interviewed the above Proposed Conservatee on January 9, 2013 at 661 46th Ave.,
San Francisco, CA and informed her/him of the contents of the citation, of the nature, purpose
and effect of the proceeding, and the right to oppose the proceeding, the right to attend the court
hearing, the right to have the matter of the establishment of the conservatorship tried by jury, and
right to be represented by legal counsel. The proposed conservatee was informed that she/he
may have legal counsel appointed by the Court if she/he is unable to retain legal counsel.

If the petition requests exclusive medical consent authority pursuant to Probate Code Sections
2354 and 2355, the Court Investigator advised the Proposed Conservatee of the effect of granting
the requested authority and the Proposed Conservatee's rights in regard to such request, pursuant
to the provisions of Probate Code Section 1894.

DETERMINATIONS

It appears that the Proposed Conservatee is:
IX] able to attend the hearing [J unable to attend hearing
willing to attend hearing (J unwilling toattend the hearing.

Expressed statement: "Okay."

Reference to Supplemental Information Code §1826(d)

a. The Proposed Conservatee is[] able [XJ unable to provide for her/his needs for
physical health, food, clothing and shelter.

b. The Proposed Conservatee is Bq able* (] unable to live in her/his residence during the
conservatorship. *with appropriate attendant care

c. Alternatives to conservatorship have been considered by the petitioner and petitioner's
reasons why those alternatives are not available are appropriate [] inappropriate.

d. The Proposed Conservatee was provided with [xX] health services during the year prior
and [X] social services during the year prior to the filing of the petition.

e. The Proposed Conservatee is [_] able [XJ unable to substantially manage his/her own
financial resources and to resist fraud or undue influence.

Proposed Conservatee:
does [[] does not wish to contest the conservatorship.

Expressed Statement: When asked whether she would like a conservatorship established on
her behalf, the proposed conservatee stated, "I don't think so."

Proposed Conservatee:

EX] does* XJ does not** object to one of the proposed conservators.
* San Francisco Public Guardian ** Andrea Leung

Page 3 of 12e @
CONFIDENTIAL

Expressed Statement: When asked whether she had a preference between the San Francisco
Public Guardian and Andrea Leung serving as conservator, the proposed conservatee stated,
"Ms. Leung. Everybody likes her."

Proposed Conservatee:
Lidoes [XJ does not wish to be represented by legal counsel.

Expressed Statement: When reminded that the Court appointed Grant Tomioka to represent
her interests, the proposed conservatee stated, "No."

. Proposed Conservatee:
Lis capable [X] is not capable of completing an affidavit of voter registration.

- Exclusive Authority for Medical Treatment [X] has [_] has not been requested pursuant to
Probate Code §2355.

Proposed Conservatee [_] objects [X] does not object to the proposed conservator of person
being granted exclusive authority for medical treatment.

Expressed Statement: When asked whether she agreed to the proposed conservator's request
for exclusive authorization for medical treatment, the proposed conservatee stated, "Yes.
Ms. Leung is good."

- Dementia: Placement in Secured Facility; Administration of Medication (Probate Code
§2356.5)

a. Authority to place the conservatee in a secured residential facility or a locked skilled
nursing facility appropriate to the treatment of dementia [_] has [XJ has not been
requested.

If requested, the proposed conservatee [_] objects [[] does not object to the proposed
conservator of person being granted this authority.

Expressed Statement: Not applicable

b. Authority to administer medication appropriate to the care of dementia [XJ has ["] has
not been requested.

If the authority is requested, the proposed conservatee D objects [X] does not object to
the proposed conservator of person being granted this authority.

Expressed Statement: When asked whether she agreed to the proposed conservator's

request for authorization to administer dementia medications, the proposed conservatee
Stated, "I visited the doctor today." When asked again, she stated, “Okay, okay."

Page 4 of 12CONFIDENTIAL

9. FACTS AND OBSERVATIONS:

a.

Rationale for Conservatorship

Ying Cheung is an 85-year-old widow who suffers from multiple medical problems and
dementia. According to the Adult Protective Services, she has a long history of self-
neglect and refusing to accept social services. On June 28, 2012, she was hospitalized
and placed under a 5150 psychiatric hold due to grave disability. She was subsequently
placed under an LPS conservatorship. She was later discharged back home with informal
attendant care provided by her godson Phillip Chow who is an alleged financial abuser.

This petition comes by referral from a hospital social worker. There are two petitions
seeking conservatorship of the person and estate: 1) San Francisco Public Guardian; and
2) Andrea Leung, a private professional fiduciary. On November 29, 2012, the San
Francisco Public Guardian was appointed as temporary conservator of the estate only.
Additional medical and dementia powers are requested under Probate Code §2355 and
§2356.5.

Ms. Cheung who speaks primarily Mandarin objects to the proposed establishment of
conservatorship. On November 16, 2012, the Court appointed Grant Tomioka to
represent her interests. Ms. Cheung expressed her desire to appear at the hearing, and
proposed conservator Andrea Leung has agreed to provide interpretation services.

General Background Information

Ying Cheung was born on August 15, 1927 in Shanghai, China. (It is noted that this date
is shown on the affidavit by the hospital social worker, whereas the Confidential
Supplemental Information had another date, August 25, 1927. Upon interview, Ms.
Cheung recalled her birthday was August 16, 1932.) She also reported that she was the
youngest and only surviving sibling out of 13 children in her family. She no longer
maintains contact with any of her nieces or nephews. Reportedly, Ms. Cheung attended
high school and later worked as a housekeeper in private homes and became a
businesswoman in the hotel industry.

In 1963, Ms. Cheung married Walter Gagraca who was a merchant seaman. He worked
on the American President Lines and on the USS Cleveland. In 1964, Ms. Cheung and
her husband immigrated to the United States and settled in San Francisco, CA. In 1966,
they purchased their home, located at 661 46th Ave., SF, CA. After 38 years of marriage,
he passed away. She mentioned that her husband liked to drink alcohol and had no desire
for intimacy, so they never had children.

Since 2002, the Adult Protective Services (APS) received 12 reports regarding Ms.
Cheung ranging from alleged financial abuse to self-neglect. Upon investigation, she
refused to allow the social worker to confirm the allegations. A brief description of most
of these referrals are listed below: .

November 2002 — A real estate agent allegedly defrauded her of funds

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May 13, 2005 ~ Ms. Cheung's godson allegedly attempted to have her sign over her
grant deed to him during her hospitalization

December of 2008 — Ms. Cheung alleged that her neighbor was using her backyard as
a dumpster

January 4, 2010 - Ms. Cheung's primary care physician had concerns about her
alleged self-neglect, poor health, and medical problems. She failed to follow up on her
medical appointments and lacked a support system.

January 19, 2010 — Ms. Cheung suffered a hip fracture after being hit by Muni. She
exhibited self-neglecting behavior and her home was cluttered.

May 24, 2010 — Ms. Cheung exhibited self-neglecting behavior when she called 91]
to report a non-emergency matter about a cut on her face.

September 10, 2011 — Ms. Cheung called 911 to report that her funds were stolen by
her case manager. Ms. Cheung's home was teportedly cluttered and unsanitary.

March of 2012 — Ms. Cheung was found self-neglecting by the police who took
photos of her cluttered home that had piles of clothing stacked 5 feet high. Also, it
included allegations of rat infestation, moldy food, feces, and scattered medication.

June of 2012 - Ms. Cheung was taken to the hospital on a 5150 hold due to grave
disability. She claimed to have a dispute with her neighbor that was unfounded. She
appeared disheveled and her home emitted a foul odor of urine. The previous allegations
of moldy food, feces, and rat infestation still existed.

As previously described, Ms. Cheung was hospitalized at San Francisco General Hospital
under a 5150 psychiatric hold on June 28, 2013. According to her LPS conservator, Ms.
Cheung made allegations that her neighbors wanted to take her money. The petition on
file states that she reported that her neighbors were trying to kill her. Upon
hospitalization, she was found agitated and disheveled and exhibited an altered mental
status. According to the petition, she was diagnosed with dementia, cognitive
impairment, and ongoing paranoia.

In the early 1990's, Ms. Cheung reportedly hired Phillip Chow to repaint her home. Over
the years, he assisted her with various Tepairs on her two-unit property. He reported that
he assists with her errands, such as taking her to the bank to obtain a money order to pay
her annual property insurance tax of approximately $4,300. According to APS, Ms.
Cheung previously complained that he had been pressuring her to sign a grant deed to
transfer her real property to him.

According to the Public Guardian, Ms, Cheung has approximately $2,300 in unpaid
medical bills. Apparently, she had no health insurance besides Medicare coverage that
did not cover these expenses. According to Ms. Cheung's psychiatric social worker, Ms.
Cheung godson recently enrolled her in Blue Cross health insurance. He reported that
Ms. Cheung was in and out of hospital for dizziness about six times over the past 10 or so
years. One time, she was also treated for a fall/hip fracture. In the 1970-1980's, she
underwent surgery to remove some type of tumor.

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According to the petition, Ms. Cheung's diagnoses include severe hypertension, renal
failure, hyperkalemia, diabetes, and five toe amputations due to diabetes. Current
medications include amlodipine besylate 10mg qd, aspirin 81mg qd, hydralazine 10mg
tid, docusate sodium 250 mg bid, and clonidine transdermal patch 0.3mg per day, once a
week, Her new primary care physician is Collin Leong, M.D.

Ms. Cheung has a slow gait and uses a cane and a front wheel walker. She requires
moderate assistance with activities of daily living. She is hard of hearing and can only
eat soft foods, as she has little to no teeth.

According to the Public Guardian, Ms. Cheung receives $788 in Social Security and has
approximately $95,000 in savings. It is believed that she owns her real property that is
valued at approximately $1.2 million. She has minimal household expenses and no
known mortgage.

. Interviews

(1) Proposed Conservatee

On a scheduled home visit, Ms. Cheung did not answer her phone and appeared to
have forgotten about the appointment. Her godson said that he had taken her to an
unscheduled medical appointment to pick up a specialized walker. A few hours later,
he brought her home, but he did not have the walker. Her home was mostly clear of
clutter and relatively clean.

Ms. Cheung was alert and fully oriented when privately interviewed in Cantonese and
Mandarin with the assistance of court interpreter Benjamin Giang. She gave
responses in both English and Mandarin. She correctly recalled the current date, but
gave a different birth date from the papers on file. She listened to the advisements
regarding the proposed conservatorship and expressed objections because she did not
feel it was necessary. When informed that two parties had filed competing petitions
for conservatorship, she inquired whether one of them was a government agency.
When given the answer, she said that she did not trust the government and that she
would prefer Andrea Leung to serve as conservator.

Ms. Cheung claimed that she is able to cook, but there was no fresh produce in her
refrigerator except for a few Chinese take-out boxes. At night, she wakes up between
1-2 a.m. and usually stays awake until dawn. She became tearful when she disclosed
that she usually feels lonely and cries for her late mother. She acknowledged that she
had no socialization except from her friend, Cindy Sung who is a social worker.

When asked about the allegations of her godson’s attempts to persuade her to give her
home to him, Ms. Cheung said that she would never want to transfer her real property
to anybody as long as she is living. When asked about their relationship, she initially
described her godson as a nice honest person. However, at the end of the visit, she
indicated that she did not trust him, and alleged that he smokes heroin.

Page 7 of 12CONFIDENTIAL

(2) Proposed Conservator
Mike Nguyen - Public Guardian Deputy Estate Investigator (355-3538)

Mr. Nguyen said that he communicates with Ms. Cheung through Cindy Sung, a
psychiatric social worker from the Department of Public Health who provides
Mandarin interpretation. Due to concerns of undue influence by Mr. Chow, the
Public Guardian as temporary conservator estate has been overseeing Ms. Cheung’s
funds.

According to bank staff, Ms. Cheung has a tendency to withdraw large sums of
money from her bank account without explanation. In March of 2012, she withdrew
$80,000 for a business purpose. During the temporary conservatorship, she withdrew
the maximum limit of $500 per month. Given that the Public Guardian covers her
utilities and phone service, this Investigator wondered whether Ms. Cheung required
such a large sum for groceries and personal expenses. According to her godson, she
receives home delivered meals and her personal and medication costs were minimal.

As for Ms. Cheung's real property, it is believed that it is free and clear of mortgage.
Reportedly, she may have owned and sold additional real Property, but this
information has not been verified.

Andrea Leung - Private Professional Fiduciary

Ms. Leung agreed to petition for conservatorship after meeting the proposed
conservatee and her godson at his attorney's office. He initially seemed confused
about her role as conservator, but she hopes that they could work together to ensure
that Ms. Cheung’s needs are met. Ms. Leung offered to escort Ms. Cheung to the
hearing and graciously agreed to assist the court to provide Mandarin interpretation
for Ms. Cheung as well.

(3) Collateral Contacts

Cindy Sung - Psychiatric Social Worker at S.F. Department of Public Health (401-
2645)

Since October 18, 2012, Ms. Sung has been working with Ms. Cheung to stabilize her
health after she was discharged from the hospital. According to hospital reports, she
was dehydrated, malnourished, disorganized, and her home had feces. She claimed
that the police kidnapped her when they took her to the hospital and that her neighbor
tried to kill her.

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Initially, Ms. Cheung frequently called Ms. Sung whenever her arguments with her
godson upset her. One time, she called at midnight after one of their heated
arguments. Following the establishment of temporary conservatorship, the frequency
of Ms. Cheung’s calls decreased to 1-2 times per week.

Ms. Sung said that she has been working directly with Ms. Cheung after Mr. Chow
seemed to isolate Ms. Cheung and prevent her from having visitors. After missing a
scheduled home visit, Ms. Cheung became upset because she had been waiting for
Ms. Sung that day. Apparently, Mr. Chow arranged for Ms. Cheung to be
unavailable at the time that Ms. Sung visited.

Ms. Sung mentioned that Ms. Cheung had an opportunity to visit the On Lok adult
day program and became excited about playing mahjong and other activities.
However, the referral was put on hold so that the conservator could follow up. Ms.
Sung anticipates closing her case shortly, but she would be willing to work with the
conservator to ease the transition for Ms. Cheung.

Richard Ng - LPS Conservator (355-3692)

According to Mr. Ng, a temporary LPS conservatorship was established on July 17,
2012 during Ms. Cheung'’s hospitalization due to grave disability. As of August 30,
2012, she has been under a permanent LPS conservatorship. Due to protocol, the
LPS conservatorship will be withdrawn after the probate conservatorship is
established.

Cynthia Li - Adult Protective Services worker (355-3544)

Ms. Li provided a history of the APS referrals regarding Ms. Cheung. On November
9, 2012, she was observed arguing with her godson who appeared verbally abusive
towards her. She kicked him out of her home, but later called him to return and
provide assistance.

During Ms. Cheung's recent hospitalization, her godson reportedly attempted to take
her out of the hospital without medical authorization. He told Ms. Li that he was
helping Ms. Cheung with her estate planning because it was his responsibility to do it.

Philip Chow — godson
In Cantonese, Mr. Chow said that met Ms. Cheung over 20 years ago when did some

home repairs for her. Reportedly, he does construction work. Over the years, he has
assisted her with grocery shopping, banking, errands, and medical appointments.

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CONFIDENTIAL

In regards to the allegations of self-neglect and financial abuse, Mr. Chow denied
them. He also denied residing in her home until she returned home from the hospital
a few months ago. When asked about the alleged presence of moldy food and rat
infestation, he denied it despite the fact that there was a box of rat poison in the
kitchen.

Mr. Chow agreed to give a tour of Ms. Cheung's two unit building. Her bed was
situated in the living room of her 3 bdr/2 bath unit while Mr. Chow occupied the
master bedroom. Her guest bedroom was sparsely furnished, but the door to her other
bedroom was locked. The 2 bdr/2 bath upstairs unit was mostly vacant, except for
one bedroom that was mostly filled with large furniture and bags of clothing. There
was a bathroom floor that looked dirty, possibly from rat droppings. She also had an
unfinished in-law unit, located next to her garage and backyard.

Mr. Chow was informed that the conservator would be required to arrange home care
services for Ms. Cheung if he is not able to provide assistance. Also, he might need
to contribute to the household expenses. He said that he told Ms. Leung that he
would be willing to move out of the home if it was Ms. Cheung’s desire.

Ms. Cheung’s limited income was discussed and that her vacant unit might need to be
rented out so that she could afford to pay for home care services. When asked for the
reason that it had been left vacant for so many years, Mr. Chow said that Ms. Cheung
had no need for rental income. When the same question was posed to her, Ms.
Cheung said that she did not like hearing the noise of renters living above her.

d. Placement

There are no plans to change Ms. Cheung’s residence. With appropriate attendant care, it
appears that she should be able to remain in her own home for the remainder of her life.
This appears to be the least restrictive residence in accordance to Probate Code §2352.

e. Additional Powers

Both petitions request exclusive authority for medical consent and the authorization to
administer dementia medication. Upon advisement, Ms. Cheung voiced no objections.
The Capacity Declaration, dated on October 4, 2012, sets forth that she lacks the capacity
to give informed consent to any form of medical treatment or to the administration of
psychotropic medications appropriate to the treatment of dementia. She was prescribed
risperdal to manage her agitation secondary to dementia, confusion, and disorientation.

Presently, Ms. Cheung no longer appears to be taking any dementia medications. Her
current medications treat her high blood pressure and constipation. Given Ms. Cheung’s
medical needs, the Court may wish to grant the exclusive medical authorization under
Probate Code §2355, and not grant the dementia powers under Probate Code §2356.5.

Page 10 of 12CONFIDENTIAL

CONSERVATORSHIP OF CASE NO. PCN-12-296 241
YING CHEUNG

CERTIFICATE OF SERVICE BY MAIL (C.C.P. §1013)

The undersigned certifies, under penalty of perjury, that: ] am a citizen of the United States, am
over the age of 18 years, and am not a party to the within action. I served the attached Report of
the Court Investigator by enclosing a true copy thereof in an envelope(s) addressed as shown
below and placing the envelope(s) for collection and mailing on January 15, 2013 in San
Francisco, California following the Court's ordinary practices. I am readily familiar with the
Court's practice for collecting and processing correspondence for mailing. On the same day that
correspondence is placed for collection and mailing, it is deposited in the ordinary course of
business with the United States Postal Service in a sealed envelope with postage fully prepaid.

Evyn Shomer

Attorney at Law

San Francisco Public Guardian
1650 Mission Street, 4th Floor
San Francisco, CA 94103

Brent R. Kato

Attorney at Law

Kato, Feder & Suzuki, LLP
685 Market Street, Suite 540
San Francisco, CA 94105

Grant Tomioka

Attorney at Law

4444 Geary Blvd., Suite 301
San Francisco, CA 94118

Christina Chen

Attorney at Law

1155 Pine Street

San Francisco, CA 94109

Date: January 15, 2013 ‘
R. Michael Diles
Deputy Court Clerk

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