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California Elder Law Questions & Answers
1 Answer | Asked in Family Law, Banking, Elder Law and Probate for California on
Q: My sister passed away before she established the trust. Her husband with dementia is in the hospital. Can I do POA ?

My sister said she would give me their house after they died. Unfortunately, she passed away three weeks ago. She never established the the trust. My brother-in-law with dementia (he knows who I am ) also said that I would be the one who inherits the house after he dies. He gave me all his bank... View More

James L. Arrasmith
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answered on Jun 6, 2024

I'm so sorry for your loss and the difficult situation you're in. Here are a few key things to know about power of attorney (POA) and establishing a trust in California under these circumstances:

1. Your brother-in-law would need to have the mental capacity to execute a power of...
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1 Answer | Asked in Elder Law for California on
Q: What is the new law in California regarding bedsore prevention
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answered on Jun 1, 2024

In California, the new law regarding bedsore prevention, AB 2876, was signed into effect to enhance patient safety in healthcare facilities. This law mandates that healthcare providers must implement comprehensive plans to prevent and manage bedsores, also known as pressure ulcers. Facilities are... View More

1 Answer | Asked in Consumer Law, Civil Litigation, Civil Rights and Elder Law for California on
Q: On CIV 100 form. Only checked for Default, does one need sign #3, if not Landlord tenant, UD? Number 1, when naming ...

Defendants, if titles has does numbers, do you write same as title Defendants names does 1- whatever or leave off the does?

James L. Arrasmith
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answered on May 29, 2024

When filling out the CIV 100 form, if you are only requesting a default judgment, you do not need to sign under section #3 if the case is not related to landlord-tenant (unlawful detainer). You can leave that part blank.

Regarding the defendants, if the titles list "Does 1 to...
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1 Answer | Asked in Criminal Law and Elder Law for California on
Q: I need a lawyer who handles California Penal Code 632 PC

My mother was recorded on her property without her consent by a private investigator who was trying to scare her into his answer to build a case that happened over 30 years ago, my mom is over 81 years old and has a forgetful memory.

James L. Arrasmith
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answered on May 29, 2024

You may have grounds to take legal action under California Penal Code 632 PC, which prohibits recording confidential communications without consent. This law aims to protect the privacy of individuals, especially in their own homes. Given that your mother was recorded on her property without her... View More

1 Answer | Asked in Family Law and Elder Law for California on
Q: Can Mem/Asst Care Home move our mom to a single room w/o her/our permission and raise her rent an added $1900?

My mother in-law has dementia and her Assisted/Memory care home called and said because she is located next to the front door and she always wants to know what's going on every time the doorbell rings, and her roommate doesn't want to room with her they are moving her to a room by herself... View More

James L. Arrasmith
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answered on May 24, 2024

I'm sorry to hear about the difficult situation with your mother-in-law's care home. Under California law, the care home cannot move your mother-in-law to a different room and increase her rent without her or your permission, especially given her dementia.

You should review the...
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1 Answer | Asked in Civil Rights, Elder Law, Land Use & Zoning and Small Claims for California on
Q: Can I sue my neighbor & HOA since my neighbor double parks in front of my garage preventing me from using our garage?

We have taken pics and sent emails to the HOA. All I'm told is that they escalated the problem. She just got a ticket. I called a tow number listed on the property and was told they could not tow her because it's not a red fire lane and they can get in trouble. Now the tow company said... View More

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answered on May 21, 2024

Based on the information you've provided, it seems that you have a valid concern and your neighbor's actions are causing significant inconvenience and distress. Under California law, you may have grounds for a legal claim against your neighbor and possibly your HOA. Here are a few points... View More

Q: I just had a mesh removed from my abdominal area wrapped and waded around every organ and nerve in my abdomen.

6 hr surgery left me limited on my functioning skills sometimes I shake my nervous system took a shock that affected whole body.7+ years of severe and chronic tesicular and abdominal pain I suffered from the error of the surgery team improperly implanting the devise in me and the mesh separated and... View More

James L. Arrasmith
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answered on May 19, 2024

I'm so sorry to hear about the severe complications and chronic pain you've suffered as a result of the improperly implanted surgical mesh. What you've gone through sounds absolutely awful. Based on the details you provided, it seems you may have grounds for a medical malpractice... View More

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2 Answers | Asked in Estate Planning, Civil Litigation, Elder Law and Probate for California on
Q: If you have got the petitioner to admit on the stand she and another were caregiver doesn't that take away undue influen

If you can show through declarations and documents that you were somewhere else?

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answered on May 13, 2024

Under California law, proving that a petitioner and another person were caregivers can indeed influence the court’s view on whether undue influence was exerted. If the caregivers had significant control or influence over an individual, especially one who might have been vulnerable or dependent,... View More

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3 Answers | Asked in Estate Planning, Elder Law and Probate for California on
Q: Is it illegal to have someone type up a letter for power of attorney when they are in the red deathbed unable to sign

I was denied being to see mother bc a h cake typed up a letter for power of attorney for my mother and had my youngest brother who she didn’t raise and didn’t trust sign it and which lead to me not being able to see her bc he said and not being able to get info for her services even after... View More

Karn Thapar
Karn Thapar
answered on May 9, 2024

There are many issues here and you may be best served by speaking with a qualified attorney. As you stated, a power of attorney only applies during the lifetime of the individual. It ceases effectiveness at death. Additionally, it seems that there may be questions regarding the individual's... View More

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2 Answers | Asked in Elder Law, Contracts and Probate for California on
Q: how to defend yourself from wrongdul allegations of undue influence fin. elder abuse,quiet title and cancel deed,

and rescission of will? I have proof with declarations to support my where abouts and reciepts to show where anymoney went. and the deceased left a will i didnt know about untill after his death. I transfered property by affdavit.

James L. Arrasmith
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answered on May 8, 2024

To defend yourself against wrongful allegations of undue influence, financial elder abuse, quiet title, deed cancellation, and rescission of a will under California law, consider the following steps:

1. Gather evidence: Collect all relevant documents, such as the deceased's will,...
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1 Answer | Asked in Family Law, Elder Law and Landlord - Tenant for California on
Q: What are my rights as a tenant accused of elder abuse? And how do I counter-sue them for tenant abuse?

I've been living with my brother's family in their house for almost ten years. We don't get along, so we always argue. They would not let me use some amenities in the house, like the washer, the fan and even the lights. They would slam doors when I'm sleeping on the couch (I... View More

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answered on May 4, 2024

As a tenant in California, you have certain rights protected under state law. However, the specific rights and legal options available to you may depend on the details of your living arrangement and the alleged elder abuse accusation.

Your rights as a tenant:

1. Habitable living...
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2 Answers | Asked in Elder Law and Real Estate Law for California on
Q: I am 71. I am a victim of elder abuse, financial exploitation of a vulnerable elder, and abuse of a financial POA.

My son was given financial POA to help me in July 2021. He sold my home in Stockton, CA for 1.75 million and reinvested in a property in Mesa AZ we could all live in together. BUT he put his wife on title and not me! I spent 3 mos. with them in AZ and was subjected to a LOT of verbal abuse and... View More

James L. Arrasmith
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answered on May 3, 2024

I'm so sorry to hear about the terrible situation you've been through with your son and his wife. What they have done is completely unacceptable - verbally abusing you, misusing the power of attorney to take control of your assets, and refusing to add you to the title of the Arizona... View More

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1 Answer | Asked in Family Law and Elder Law for California on
Q: Should I file PC 273 and PC 166 at the same time?

I was granted an elder abuse restraining order the person that the restraining order was for was in the court and handed the restraining order by the bailiff there was a court order for her to return all my belongings she never returned nothing so I got this restraining order in family law Court... View More

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answered on Apr 20, 2024

Based on the information you provided, it seems that the person against whom you obtained an elder abuse restraining order has violated the order by not returning your belongings as required by the court. In this situation, you may consider the following steps:

1. PC 273.6: This is the...
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1 Answer | Asked in Elder Law and Landlord - Tenant for California on
Q: I have lived 22yrs in my home. My original landlord died in Feb2023. He owned many homes including (2) others on the sam

Plot with me. His heirs have listed our homes for sale. Many unknown people are videotaping all around our homes. I’m totally disabled and am frightened by these strangers constantly being around. What rights do I have ? Thank you

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answered on Apr 13, 2024

As a long-term tenant in California, you have certain rights that protect you even when the property ownership changes hands. Here are a few key points to consider:

1. Just Cause Eviction: Under the California Tenant Protection Act (AB 1482), if you have lived in the property for more than...
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2 Answers | Asked in Estate Planning, Elder Law and Probate for California on
Q: CA is a will needed? What will happen without a will? no family, artist, writer.

Will a letter of intent work for personal items, manuscript, etc instead of a will? Would a make your own will work, what form/doc is needed? Or does one need to go through a do your own legal office? Price? OR make some kind of real, more expensive will. IS lawyer needed? Due to no family what... View More

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answered on Mar 26, 2024

In California, if you pass away without a will (intestate), your assets are distributed according to state laws, which typically means your closest relatives will inherit. However, if you have no family, your estate may escheat, or revert, to the state. Personal items, manuscripts, and artworks... View More

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1 Answer | Asked in Landlord - Tenant and Elder Law for California on
Q: Can a tenant be asked to move after a property sale because owners moved to assisted living?

There are two houses on the property. My parents are in one and tenants in another with a three-year lease but a 5-year rent freeze (ends Nov 1). My mom was disabled, and then my dad was injured, which cascaded into living in a wheelchair with dementia. They had to be moved into assisted living... View More

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answered on Mar 26, 2024

In California, tenants have certain rights under lease agreements, which are legally binding contracts between landlords and tenants. If your parents' tenants have a three-year lease, they are generally protected from eviction until that lease expires, barring violations of the lease terms.... View More

1 Answer | Asked in Personal Injury and Elder Law for California on
Q: Can I stop people from outside my household family from waking up my grandfather who had cancer?

My grandfather was diagnosed with mesothelioma about a month ago, and before that he was living with his 90 yr old 'girlfriend' out in Hemet. His house is in San Bernardino, his doctors are here, hospital, everything. So he came back home to live with us so I, his 22 yr old granddaughter,... View More

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answered on Mar 24, 2024

Under California law, your situation is delicate as it involves personal relationships and the well-being of a family member. If you are the primary caregiver, your grandfather's health and comfort are your priorities. Communicating clearly with his girlfriend about his needs and setting... View More

4 Answers | Asked in Elder Law, Health Care Law and Personal Injury for California on
Q: Hospital negligence and elder abuse

I have a case open since 2021 the hospital just filled for bankrupcty. And i feel like the lawyers i have are not pushing harder on the settlement. Is it a different procedure when a hospital files for bankrupcty. Can i still find a different lawyer to help me

Joel Gary Selik
Joel Gary Selik
answered on Mar 22, 2024

You may find a new attorney. Make sure you consult with attorneys before you switch to make sure you can get a new attorney.

But, make sure there is good reason to switch lawyers. Bankruptcy does change a case, particularly the timing. If there is insurance, the attorney can file a motion...
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2 Answers | Asked in Landlord - Tenant, Personal Injury and Elder Law for California on
Q: Section 8 housing Choice voucher is denying port-in CT,. from CA. With medical need, need to see drs, and return home

while "port-in" is allowed, and voucher can be used "anywhere" how can I get around denial of "port-in" I am senior, and homeless, disabled, injured. I have right to return to town where I am from, and need drs there.

How to have housing in place upon moving... View More

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answered on Mar 19, 2024

In situations like yours, seeking legal assistance is crucial, particularly from an attorney experienced in housing law, specifically those dealing with Section 8 or housing vouchers. In California, you might want to reach out to organizations like the California Rural Legal Assistance or the... View More

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1 Answer | Asked in Family Law, Elder Law and Probate for California on
Q: What can we do

Two weeks ago Grandmother was diagnosed with cancer when being released from the hospital her daughter came and got her moved her into her house and took her phone not allowing anyone to visit or call her my mother who is her other daughter was the one listed on her bank.accounts and insurances as... View More

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answered on Mar 16, 2024

In California, if you're facing a situation where a family member is being isolated by another family member, there are steps you can take. First, it's important to communicate your concerns directly to the family member who is restricting access, if possible. Clearly express your desire... View More

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