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California Elder Law Questions & Answers
1 Answer | Asked in Real Estate Law and Elder Law for California on
Q: Covenant aids residents of a 264-unit Senior Mobile Home park from eviction due to historically high rent increases?

The residents own their homes, leasing the land beneath them. For more than 50 years, annual rent increases were limited to about 3%. The property is also subject to a Land Use Covenant and Restriction designed to preserve its intended use. However, under new ownership rents have surged by up to... View More

James L. Arrasmith
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answered on Dec 19, 2024

Based on the facts presented, you have multiple potential legal grounds for action against various parties here. The combination of excessive rent increases, coercive contract practices, and unsafe conditions could support claims against the park owner for breach of the Land Use Covenant, violation... View More

1 Answer | Asked in Elder Law for California on
Q: An advanced healthcare directive from Sharp Medical Center states agents authority after death,

The word none is written. Does that mean that the agent has no authority to make decisions regarding funeral arrangements?

James L. Arrasmith
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answered on Dec 16, 2024

Your question touches on an important distinction in healthcare directives and end-of-life planning.

When "none" is written regarding agent authority after death in an advanced healthcare directive, this specifically relates to medical decision-making powers. The healthcare...
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1 Answer | Asked in Elder Law for California on
Q: Can a senior mobile home park turn into a family park?

I've lived here for over 10 years now . I am a low income senior and have no funds to move.

James L. Arrasmith
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answered on Dec 11, 2024

Under California law, senior mobile home parks cannot arbitrarily convert to family parks without following strict legal procedures and providing significant protections for existing residents. The park owner must give written notice at least 60 days before any proposed change and must obtain... View More

1 Answer | Asked in Real Estate Law, Business Law, Elder Law and Land Use & Zoning for California on
Q: Can you confirm that Civ. Code 4710 “owners separate interest” allows Political signs to remain without a removal date ?

I live in California within a 55+ CID or Common Interest Development HOA (under HOPA).

James L. Arrasmith
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answered on Dec 6, 2024

California Civil Code Section 4710 specifically addresses political signs in common interest developments, but it doesn't give unlimited display rights. While the law protects your right to display political signs, HOAs can establish reasonable restrictions, including time limits for removal... View More

1 Answer | Asked in Elder Law and Estate Planning for California on
Q: How do you prove elder abuse when a trust is drawn up?

My stepsons were instrumental in the creation of my husband's trust. He signed documents and didn't know what he was signing. The lawyer was working with the one who is a sociopath. He has wanted everything high school. I think there was elder abuse involved. I was not allowed to be... View More

James L. Arrasmith
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answered on Dec 6, 2024

Your situation raises serious red flags that could indicate elder abuse, particularly if your husband wasn't mentally capable of understanding what he signed. The fact that you were excluded from the trust creation process and your husband needs permission from the stepsons to make changes are... View More

1 Answer | Asked in Health Care Law, Elder Law, Medical Malpractice and Probate for California on
Q: Can a senior Medicare + Medi-Cal patient with untreated critical conditions be forcefully discharged by a hospital ?

[ACTIVE situation; urgent help appreciated]. My father is a Medicare + Medi-Cal patient at a hospital ICU in Santa Rosa, CA admitted from acute care facility with a primary condition of pacemakjer failure which wasn't addressed, nor was he transferred to a higher order care hospital. Case mgmt... View More

James L. Arrasmith
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answered on Dec 5, 2024

You have the right to advocate for your father's continued care, especially given his critical conditions. Under California law, hospitals must provide appropriate treatment and cannot discharge a patient against their will without proper justification. The withdrawal of vital ICU care and... View More

1 Answer | Asked in Criminal Law, Real Estate Law, Business Law and Elder Law for California on
Q: Addition to my 1st question regarding my uncle's residence I inherited 1/2 his house HE'S SO PISSED OFF he even hit me.

Honestly this has been a nightmare for me. I inherited from my mom 1/2 his house. She bought property for him as a wedding surprise. She loved her little brother so much but he's so nasty and violent I feel he deserves nothing but whatever. Mom didn't take her name off the title she added... View More

James L. Arrasmith
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answered on Nov 26, 2024

This situation is very serious and requires immediate legal attention, as you're dealing with both criminal actions and property fraud. The physical assault needs to be reported to law enforcement right away for your safety, and you should consider seeking a restraining order against your... View More

1 Answer | Asked in Family Law, Civil Rights, Domestic Violence and Elder Law for California on
Q: As a dependent adult how can I get assistance, and get away from my mentally ill abusive father?
James L. Arrasmith
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answered on Nov 22, 2024

Your safety and wellbeing are the top priority right now. If you're in immediate danger, call 911 or your local emergency services right away.

Contact Adult Protective Services (APS) in California at 1-833-401-0832 - they help dependent adults facing abuse and can provide resources for...
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1 Answer | Asked in Elder Law and Personal Injury for California on
Q: I live in CA in a senior community and am disabled adult for over 20 years. I have personal injury & elder abuse case.

My brother lived in Tempe when exploitation began in 2023. I'm unsure which state to hire an attorney.

James L. Arrasmith
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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

1 Answer | Asked in Family Law, Constitutional Law and Elder Law for California on
Q: Can my sister take me to court to take away my mother's ashes that I am in possession of?

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

James L. Arrasmith
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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,...
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1 Answer | Asked in Civil Litigation, Landlord - Tenant, Real Estate Law and Elder Law for California on
Q: I own my manufactured house but rent the land. What agency in SF Bay area should I file acomplaint for rat infestation

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

James L. Arrasmith
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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...
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4 Answers | Asked in Elder Law and Personal Injury for California on
Q: Needle was left in my arm after MRI service, got home seen it had to remove the needle myself
Michael J. Mandelbrot
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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

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1 Answer | Asked in Civil Litigation, Elder Law and Landlord - Tenant for California on
Q: I was served with a 30day of at-will tenancy by a law firm.I am 70 and disabled.No judge ordered

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.

James L. Arrasmith
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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

2 Answers | Asked in Elder Law, Estate Planning, Real Estate Law and Identity Theft for California on
Q: My cousin put her name on title to my aunt’s house. She is in a care home & says she did not sign a thing. Help?

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

Robert Kane
Robert Kane
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?

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1 Answer | Asked in Personal Injury, Elder Law and Medical Malpractice for California on
Q: My 100% Disabled Vietnam Veteran was sent home from local Hospital's Emergency Rooms while having Strokes!

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

James L. Arrasmith
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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

2 Answers | Asked in Civil Litigation, Elder Law, Legal Malpractice and Probate for California on
Q: For 2yrs now, the shady lawyer handling my deceased dad's estate has failed to send me the unabridged trust &

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

Joel Gary Selik
Joel Gary Selik
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.

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1 Answer | Asked in Elder Law and Real Estate Law for California on
Q: my dad transfered his home to my sister with quit claim My mom signed eventhough she don't want to

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

James L. Arrasmith
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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

1 Answer | Asked in Elder Law for California on
Q: Where does Elder Abuse begin and end? My father has Parkinson's and is currently living in his own home with the care

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

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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

4 Answers | Asked in Personal Injury, Elder Law, Health Care Law and Medical Malpractice for California on
Q: my grandma's in the hospital and has received an injury from 1 of the nurses and has been advised to make a police repor

What should we do next and we have pictures and a bunch of people from the hospital has been coming to talk to her

Eliza Jasinska
Eliza Jasinska
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

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2 Answers | Asked in Family Law and Elder Law for California on
Q: Is it legal for someone to take his deathly ill mother to sign the house over to him while she is on hospice?
Eliza Jasinska
Eliza Jasinska
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

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