Get free answers to your Elder Law legal questions from lawyers in your area.
My brother lived in Tempe when exploitation began in 2023. I'm unsure which state to hire an attorney.
answered on Nov 18, 2024
Since the alleged exploitation occurred while your brother was in Arizona but you experienced harm in California, you could potentially pursue legal action in either state. Each state has different laws regarding elder abuse and personal injury cases, including different statutes of limitations.... View More
My siblings agreed to keep my mother's ashes at my house but one of my sisters her and i are not on talking terms anymore and she is now demanding to take our mother's ashes. However my sister is unstable and an alcoholic and I don't trust her with my mom. And now she's telling... View More
answered on Nov 14, 2024
I'm sorry you're going through this challenging situation. Having an agreement with your siblings to keep your mother's ashes at your home is an important factor that the court will consider.
Your sister does have the right to petition the court to gain custody of the ashes,... View More
I have photos of the disgusting community garbage area with garbage on the ground, filthy rotten garbage bins and a house right next to me that has a completely open side which is a nesting area for the rats. I have paid $500 to Terminix to clean the crawl space under my house but it needs more... View More
answered on Nov 15, 2024
You have several options to address this serious health and safety issue. Start by filing a complaint with the San Mateo County Environmental Health Services Division, which handles reports of rat infestations and unsanitary conditions in residential areas.
Next, contact the California... View More
answered on Nov 5, 2024
Hi - without any residual damages, there is presumably no medical malpractice case. In any lawsuit, there has to be damages. While it sounds like the medical attendant made an error, without any damages (and a possible risk), this would not rise to the level of a case an attorney would consider. If... View More
He had me retire 7 yrs ago and paid me weekly my pension.Now he has stopped and I have no money for rent or food.
answered on Nov 15, 2024
This situation sounds very challenging, and as someone over 65 with disabilities, you have special protections under California law. You should immediately contact Legal Aid Foundation of Los Angeles (LAFLA) at 800-399-4529, as they provide free legal help to seniors and can assist with both your... View More
My aunt has been in a rehabilitation/care home for over a year. My family have been trying to get to her money and property since her husband passed away, as she is vulnerable. Recently, my cousin somehow filed documents and got put on title to my aunt’s home and also claims to be financial POA.... View More
answered on Oct 31, 2024
Is this cousin your aunt's son or daughter? Is your aunt's lack of mental capacity preventing her from understanding what her child is doing?
He is now paralyzed on both sides, could not breath, speak, eat or drink without a tube & the same Hospital did it 5 years
ago & they did it again & two more did it too!? Happened April 2024 & so wrong! Hospital promised would be more attentive to Veterans & Elders in a... View More
answered on Oct 9, 2024
I'm truly sorry to hear about what your family is going through. It's important to take immediate action to address the mistreatment your father has experienced. Start by documenting all incidents, including dates, times, and the names of any staff involved. This information will be... View More
relevant docs I asked for, like court-mandated annual acct of assets(x 2yrs), documentation of POA assignment (nec to fight mentally ill mother naming mental ill half-sister as POA, as neither is trustworthy & each has a long, well established history of issues in court, been committed via 5150... View More
answered on Sep 26, 2024
In order to enforce your rights, to obtain documents, into otherwise make sure you’re interest are protected, you can file motions with the court.
my mom was told only 2 people could be on deed so my dad had to be removed to add my sister. the top of the quit claim has a correction grant deed was stricked out and quit claim added can this invalidate the form it was already recorded
answered on Sep 17, 2024
It sounds like your mom may have been misled about the process of transferring the home. The information given to her—that only two people could be on the deed—is incorrect. In California, multiple people can be listed on a deed, and there was no need for your dad to be removed to add your... View More
of my mother her son and sister. My mother and her son are physically and verbally abusive to him. He would like to stay in him own home with a nurse helping out. Is there away to remove my mothers 54 year old unemployed son from the home. He is verbally abusive to her as well all his financial... View More
answered on Sep 17, 2024
Elder abuse can take many forms, including physical, verbal, and emotional abuse, as well as financial exploitation. In your father’s case, the abuse he is experiencing from his wife and her son is not acceptable and needs immediate attention. It's important to understand that he has the... View More
What should we do next and we have pictures and a bunch of people from the hospital has been coming to talk to her
answered on Sep 15, 2024
I'm sorry to hear about your grandmother's injury. Here's what you should do next: Document everything by keeping clear, dated photos of the injury, logs of conversations, and copies of her medical records. File a complaint with the hospital by reporting the incident to their Patient... View More
answered on Sep 15, 2024
The legality of having a terminally ill person, such as a mother in hospice care, sign over property depends on factors like mental capacity, potential duress, and whether the decision reflects her true wishes. The person must fully understand the transaction; if illness affects this understanding,... View More
I am the daughter and Trustee for my father who is incapacitated. The funds in his Trust Account are running low. I need to pay for his home repair, accountant and other expenses needed from his HOA. I am wondering if I could take out a collateral loan against the home which is in the Trust, a line... View More
answered on Sep 3, 2024
You can explore taking out a loan or line of credit against the home, as long as the trust document allows for it. Since you are the trustee, you have the authority to manage the trust’s assets, and if the trust permits loans, you should be able to use the property as collateral. However,... View More
answered on Sep 3, 2024
A trustee generally has a fiduciary duty to act in the best interest of the beneficiaries and follow the terms outlined in the trust. If the trust document specifies that a drug test is required for beneficiaries to receive distributions, the trustee may have the authority to request such a test.... View More
Being homeless I missed the following appointments because of unexpected tragedies in my life I asked for a refund I was offered only $1,500 I want all my money because the interest is killing me and I'm trying to fix my FICO score to get back to work and find a home do I need a lawyer any... View More
answered on Aug 30, 2024
It sounds like you’re in a challenging situation, and it’s understandable that you want to recover the full amount you paid, especially given your circumstances. Since your dentist hasn't provided the dentures or services you paid for, you have a right to request a full refund. Start by... View More
I have an elder abuse restraining order against a neighbor. A package was misdelivered to his home and he lied and said he did not have it. Ten minutes later he lied again and said he found it at another door (I have photos, he lied). It's he said she said so I can't prove it but I do... View More
answered on Aug 25, 2024
You should explain your situation to the police department since they will be accompanying you if they chose to.
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... View More
answered on Aug 16, 2024
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... View More
Before my uncle got with his wife he's been living there his whole life, now his wife lives there too. My grandparents are retired, however my grandma is still working at a hotel as a housekeeper, she can't work anymore it's getting too difficult and I think she just needs to rest... View More
answered on Aug 9, 2024
It sounds like a challenging situation for your grandparents, and it’s understandable that you want to help them. First, it may be helpful for your grandparents to have an open conversation with your uncle and his wife about their expectations and contributions to the household. Setting clear... View More
answered on Aug 7, 2024
Under California law, a violation of Penal Code 368(b)(1), which pertains to elder or dependent adult abuse, can have serious consequences. This section specifically addresses willfully causing or permitting an elder or dependent adult to suffer unjustifiable physical pain, mental suffering, or... View More
I moved into a home that my mother told me she bought for me but was in her name, and bought it in a 55+ moble home park but i was 40 at the time. She said that my dad was needing help and he couldnt live with her and her boyfriend anymore, i told her fine i will help dad because that home was mine... View More
answered on Aug 1, 2024
In California, verbal agreements can be legally binding, but they are often difficult to prove in court. Your situation is complicated by the lack of written documentation and the fact that your mother did not put your name on the deed as promised. It's crucial to gather any evidence you might... View More
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