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?

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Elder Law Lawyer
  • Sacramento, CA
  • Licensed in California

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.

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.