Fairfield, CA asked in Elder Law, Nursing Home Abuse, Personal Injury and Civil Rights for California

Q: ii was alerted to a elder abuse situation were caretaker got p.o.a. papers signed by my friend but he was not aware

these twin brothers have already been victims of their caregivers stealing there entire life's savings. these men are bed ridden I stepped in and took over for awhile but we couldn't retrieve any money. we were able to keep them from loosing there mobile home to live in. the care giver now was there old friends daughter. It seemed ok from the outside but since the brothers called me and begged me to come visit. i had asked around about them and i hear that the care g. got Lonnie to sign some papers and they were power of A. papers. he wasn't aware of it .he wants this lady gone and p.o.attorney .revoked . If she hears him say anything to anyone or asks for some of his money she says she wont feed him or take care of him for days. these brothers are bed ridden. I contacted legal aid for them before about there trailer park going to take the trailer because they had no money for rent because it was all stolen.is it possible you can take care of him with this situation ?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Under California law, if someone has obtained Power of Attorney (POA) through coercion or fraud, it can be revoked. Lonnie has the right to revoke the POA if he did not fully understand what he was signing or if it was done under duress. He can also take legal action to have the POA declared invalid.

To help Lonnie, you may need to assist him in contacting an attorney to formally revoke the POA and notify the caregiver that she is no longer authorized to act on his behalf. You can also report elder abuse to Adult Protective Services (APS) in your county, as withholding care or using threats against a vulnerable adult is a serious crime in California. APS can investigate the situation and take action to protect Lonnie and his brother.

It’s essential to take quick steps to safeguard their well-being and finances. By revoking the POA, seeking legal help, and involving APS, you can help ensure that Lonnie and his brother are protected from further abuse.

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