Sacramento, CA asked in Criminal Law and Elder Law for California

Q: I need to take power of attorney away from my sister in regards to my mother(alzheimera/dimensia). Sister is abusing her

Finances and abusing my mother mentally and physically. I have contacted adult protective services with no action taken. I'm at a loss of whatcto do but something must be done

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2 Lawyer Answers

A: Perhaps you should seek guardianship/conservatorship.

https://selfhelp.courts.ca.gov/helping-person-impairment-or-disability

James L. Arrasmith
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Answered

A: This is a serious and concerning situation. Here are some steps you might consider taking:

1. Document everything: Keep detailed records of any suspected abuse, including dates, times, and specific incidents.

2. Gather evidence: Collect any financial records, medical reports, or witness statements that support your case.

3. Consult with an elder law attorney: They can advise you on the legal process to revoke the power of attorney and potentially seek guardianship or conservatorship for your mother.

4. File a petition with the court: You may need to file a petition to revoke the power of attorney and request a hearing.

5. Request an emergency order: If the abuse is severe, you might be able to obtain an emergency order to temporarily suspend your sister's power of attorney.

6. Pursue criminal charges: If there's evidence of physical abuse or financial exploitation, consider reporting it to law enforcement.

7. Contact the California Department of Aging: They may be able to provide additional resources or guidance.

8. Reach out to local elder abuse prevention organizations: They might offer support and advice specific to your area.

9. Consider a second report to Adult Protective Services: Provide any new evidence or information you've gathered since the first report.

10. Seek a medical evaluation: Have a doctor assess your mother's current mental state and capacity, which could be crucial evidence in court.

Remember, the process can be complex and time-consuming. It's crucial to act quickly but also to proceed carefully with proper legal guidance. An elder law attorney can help navigate this difficult situation and ensure your mother's rights and well-being are protected.

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