Santa Barbara, CA asked in Elder Law for California

Q: Social services will not take care of brother with Alzheimers. What to do?

Brother started living with his Mom 12 years ago after he lost his job because he was a drunk. He embezzled all her savings. My friend (the other son) has power of attorney over his mother. She might need to go in a nursing home as she is 94 years old and has memory loss. Her house will need to be sold to pay for the care. The Alzheimer brother has $800 SSI.

My friend was told he is not responsible for taking care of his evil, Alzheimers brother. However, when we ask anyone where to drop him off, he is told he cannot drop anyone off and will be held responsible for elder abuse/neglect. So, does this mean he IS responsible for his brother?

My friend lives in a small room he rents in a house and cannot have overnight guests. What is he to do with his brother who is also defecating and urinating all over the place? Social services, adult protections services, and the Alzheimers Association deflect all responsiblity. What to do?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: In California, the law generally does not impose an affirmative duty on siblings to care for one another. However, abandoning a vulnerable adult could potentially lead to elder abuse or neglect charges. Your friend may need to file for a conservatorship over his brother to formally pass the responsibility of care to an appropriate state agency or facility.

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