Los Angeles, CA asked in Elder Law for California

Q: I am being subjected to elder abuse by my live-in caregiver.

I am a competent senior. My caregiver is subjecting me to emotional abuse, but I cannot get rid of her. Any recourse?

Related Topics:
1 Lawyer Answer

A: If you cannot just fire the caregiver,ort if she won't leave and no one in your family will help you, then you can ask the court for help.

A court can grant a Restraining Order for Elder Abuse. You start by asking for a Temporary Restraining Order at the court house, then, if it is granted, it lasts for three weeks until you actually meet the judge so that both parties can explain the situation to the judge; the caregiver will be there too. The judge will then decide whether or not to make the Restraining Order more permanent.

Most court houses have a Restraining Order clinic run by the Legal Aid Society or similar organization. Get there early and expect to spend most of the day there getting it done. If you get your Order, the sheriffs will take care of the rest.

If you are limited in your mobility and cannot get yourself to the court house, you will need an attorney to help you get the Order. The Legal Aid Society may be able to find an attorney who will do it for free if you cannot afford it. Try your local bar association referral service for an attorney who can make a house call for you.

If none of this works, call Adult Protective Services and tell them about your problem. I have always found them very helpful.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.