Oct 24, 2016

"In sum, Humboldt was not merely negligent in preparing its petition and request for an order compelling medical treatment under the Health Care Decisions Law; it knowingly and deliberately misrepresented both the law and the facts to the trial court. "

Today, Allison Jackson, one of the partners in the Harland Law Firm, won a major appeal and case against Humboldt County Adult Protective Services.

An elderly man, on his death bed was denied his right to die according to his own wishes and he and his elderly wife spent the little time they had together fighting Humboldt County Adult Protective Services and County Counsel.

In this published opinion,  the court’s criticism of the county and the deputy county counsel in this matter can be summed up in this paragraph.

"Humboldt also points to hearsay in these two pages that Mrs. Magney expressed concern about her ability to continue caring for her husband at home, and about whether Medicare would cover all of his medical costs. Even apart from the double hearsay problems, these notes do not suggest any basis for concluding Mrs. Magney was acting in a manner inconsistent with her husband‘s health care instructions in his advance directive. To the contrary, they appear to be entirely reasonable concerns and consistent with a desire to insure her husband received appropriate care. They certainly do not provide reasonable, let alone ―ample,‖ cause to effectively revoke Mr. Magney‘s advance directive by removing his wife as his agent for health care decisions."

"In sum, Humboldt was not merely negligent in preparing its petition and request for an order compelling medical treatment under the Health Care Decisions Law; it knowingly and deliberately misrepresented both the law and the facts to the trial court. We would find such conduct troubling in any case. In the instant context we find it profoundly disturbing."


Here is the link where you can find the opinion. Click on the Humboldt County Adult Protective case.

http://www.courts.ca.gov/opinions-slip.htm


I will also link in a separate post  sound files of the oral arguments made by Deputy County Counsel Blair Angus, who represented the County later. It is an extensive sound file so I am working on the best and most user friendly option.

Hear for yourself, the debacle made by County Counsel in pursuing this case; not to mention that the cost could have been reduced, even before the appeal was filed by Ms. Jackson.

Here is a part of that published opinion..







Humboldt County Adult Protective Services v. Magney
Case: A145981, 1st District, Division 1

Disposition date :          10/24/2016
Disposition description:   Reversed & remanded to trial court w/directions
Disposition status as of   10/24/2016:    Final

Notes:
The order denying attorney fees is reversed and the matter remanded to determine and award Mrs. Magney reasonable attorney fees.  Mrs. Magney shall also recover costs on appeal.

7 comments:

  1. Is Blair Angus trying to become a Judge and isn't this information important?

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    1. She would not comment if she was one of the candidates. Yes, it is, not only because she may want to be a Judge but to show the egregiousness of Adult Protective Services and County Counsel.

      Allan, it was embarassing to hear the oral arguments.

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  2. So I got a call months ago from a SF lawyer who was doing her background search as a judicial candidate.

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  3. If you send me the name, I will gladly email the lawyer the link to the opinion and my post.

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  4. This is frightening. All of us with an advance directive should be concerned.

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  5. Allan why don't you run for Judge ;-)

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  6. As appellate opinions go, this is a pimp slap to County Counsel and APS.

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