Third Letter to Albert M. Lavezzo

Arden Van Upp
2550 Webster St.
San Francisco, CA 94115
(415) 929-7500

July 28, 1994

Albert M. Lavezzo
Favaro, Lavezzo, Gill, Caretti & Heppell
Courthouse Plaza, Suite A
300 Tuolumne Street
Vallejo, Cal. 94590

Re: In re Doris M. Rich, Case No. PO34215

Dear Mr. Lavezzo,

Thank you for your FAX and your letter of earlier today. I am sorry that I was out when you attempted to call me.

Please understand that my mother calls me several times every day and she often complains that Myrna and Neel are neglecting her medical needs and have refused to take her to the doctor.

For example, on the morning of Friday, July 22, my mother called me and said that she was suffering from severe burning in the area of her bladder and that she wanted to be taken to the urology clinic of the U C Medical Center in San Francisco.

I therefore came to Vallejo for the purpose of taking her to the hospital. There, my mother told me that Myrna had taken her to Dr. Snyder for precisely the same condition on the previous day. He had then given her some medicine, but Myrna had taken away the pills so the medicine was unknown. Myrna has refused to speak to me for years, so I have trouble finding out about the medical treatments which my mother is receiving.

I therefore got my mother in the car and took her to San Francisco for the purpose of taking her to the hospital.

As it turned out, my mother started to feel better during the journey and decided that she did not need to go to the hospital. For this reason, I kept my mother with me and took her to a scheduled court hearing in my own bankruptcy case. I do not believe that my mother suffered any pain or discomfort during this court session, contrary to the allegations made by my brother, who was not present. However, my mother suffers bladder problems, whether she is sitting in a courtroom or at home in her own house.

It must be pointed out that all this occurred because Myrna and Neel refuse to attend to her medical needs. Indeed, the bladder problem developed last year because the initial infection was not treated properly for six months. Myrna and Neel said that they thought the pain was all in her head. When I finally had my mother taken to a urologist at the U C Medical Center, the problem was immediately diagnosed and treated.

Please note that Neel states in paragraph 3 of his affidavit dated July 26 that "The proposed conservator ..... converted the [bank] accounts so as to require two signatures". I do not believe that Neel is a signatory to any of my mother's accounts and he obviously had no legal right to make these changes in her bank accounts.

Regarding paragraph seven, the "medication" referred to therein was simply food supplements. They do not constitute medication of any kind. My mother informs me that the incident of "stomach pains, cramping and bloating" described in paragraph 8 is simply a lie and did not occur. It appears from reading the medical report annexed to my brother's affidavit that my mother was taken to the emergency room unnecessarily just to try to buttress his case. The report states at the bottom that the problem "indicated above is to be handled through the follow-up physician and not the emergency room physician." This itself shows that there was no serious medical problem with my mother.

It is clear that the reason that my brother is insisting that only Dr. Snyder see my mother is that they have instructed Dr. Snyder not to give me any information about my mother's medical condition. You must understand that I have been a licensed public health nurse and that I have eight years of college training. My bother and sister have no medical background whatever. Yet, they are insisting that they and not I or my mother should have access to my mother's medical records.

In paragraph 8 of my brother's affidavit, he states that all my mother's pills and medication have been taken away from her. This is precisely what my mother is complaining about, that he and Myrna take away her required pills. In the past, my mother has suffered serious life threatening medical problems because Myrna mistakenly gave my mother the wrong medications on eight separate occasions and did not complete the required dosages of antibiotics. Her bladder has been permanently damaged and my mother will have to take medications for the rest of her life because of Myrna's neglect.

Contrary to the allegation contained in paragraph 6, I have never asked for any checkbook of my mother. However, my mother has herself demanded that her own checkbooks, which have been taken away by Myrna, at Neel's instructions, be returned to her.

Perhaps most importantly, my mother wants to be allowed to continue with the cleaning, cooking and other routine housework. It is of vital importance that my mother be allowed to continue to follow the routines of her life. My mother states that she wants to be allowed to wash her own dishes and I feel that her request should be honored.

Finally, I want to explain that notwithstanding the above problems, I am prepared to agree in principle to the proposed stipulation, in view of the risk of litigation. However, in the future, if my mother calls me and asks me to take her to the doctor, I will continue to do so, as I have done in the past.

Very Truly Yours,

Arden Van Upp

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