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California Elder Law Questions & Answers
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

James L. Arrasmith
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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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1 Answer | Asked in Estate Planning, Elder Law and Probate for California on
Q: I have a question for a Probate attorney on how to care for elderly parent when funds run low.

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

James L. Arrasmith
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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

1 Answer | Asked in Estate Planning, Elder Law and Probate for California on
Q: Trustee demanding a blood test drug test to one beneficiary rules? And rights of.
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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

1 Answer | Asked in Small Claims and Elder Law for California on
Q: My dentist received $4,000 copay from me I put on my credit card on my return appointment my dentures were not ready

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

James L. Arrasmith
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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

2 Answers | Asked in Elder Law for California on
Q: Can I talk to someone I have a restraining order against with an officer present and not have the RO voided?

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

Robert Kane
Robert Kane
answered on Aug 25, 2024

You should explain your situation to the police department since they will be accompanying you if they chose to.

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1 Answer | Asked in Elder Law, Nursing Home Abuse, Personal Injury and Civil Rights for California on
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... View More

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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

1 Answer | Asked in Elder Law for California on
Q: My uncle and his girlfriend (now wife), have been living at my grandparents house for many years now.

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

James L. Arrasmith
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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

1 Answer | Asked in Criminal Law and Elder Law for California on
Q: What is the max time for a pc368(B)(1)
James L. Arrasmith
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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

1 Answer | Asked in Family Law, Civil Rights and Elder Law for California on
Q: Is it legal to have a verbal agreement and then 2 yrs later tell me she never said anything like what we verbally agreed

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

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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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