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?

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1 Lawyer Answer
Jeffrey Louis Gaffney
Jeffrey Louis Gaffney
  • Elder Law Lawyer
  • Carlsbad, CA
  • Licensed in California

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.

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