Get free answers to your Elder Law legal questions from lawyers in your area.
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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 
Defendants, if titles has does numbers, do you write same as title Defendants names does 1- whatever or leave off the does?
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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... View More
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.
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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
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
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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... View More
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
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
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
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... View More
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... View More
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... View More
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
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
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
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... View More
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
who is a squatter, made a chicken cage into a place to live and won't leave, the story is longer, he is mental abusive, he don't pay anything and wants to live off us, my husband is a veteran and trying to keep him from getting angry. We need help and live on a fix income and we are in... View More
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answered on Mar 13, 2024
In California, evicting a family member who is a squatter can be a challenging process, but it is possible. Here are some steps you can take:
1. Give notice: Start by giving your son a written notice to vacate the property. In California, if there is no lease agreement, you must provide a... View More
Just need to know if he left me anything n my oldrsisrers are not telling me
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answered on Mar 11, 2024
In California, if you believe that you may be a beneficiary of your father's trust, you have the right to obtain information about the trust and its terms. Here are a few steps you can take to try to obtain a copy of the trust:
1. Request a copy from the trustee: The trustee (which may... View More
Door to my hallway where me and my husband pay rent and my 15yr old son?
Can she evict me without a court order?
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answered on Mar 10, 2024
In California, a landlord (including a family member) must generally follow proper legal procedures to evict a tenant, even if the tenant is a relative. This process typically requires the landlord to serve the tenant with a written notice and then, if the tenant does not comply with the notice,... View More
It’s a long-term ongoing family feud that she is brought into the situation. Has nothing to do with my mother and it has nothing to do with anything. My mother enjoys our company and she looks forward to our visits. We are suddenly cut off. I’m not allowed to see her and we are very concerned... View More
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answered on Feb 25, 2024
In California, the role of a Power of Attorney (POA) includes making decisions on behalf of someone regarding financial or health matters, depending on the type of POA granted. However, this authority does not inherently include the power to deny family members the right to visit their loved ones... View More
Her very sick mother is currently being taken care of by employee's aunts (2), who also have some health issues. We've been trying to contact this federal employee so we can plan on how she can take care of her mother since she is the immediate next of kin being the daughter. Her (2)... View More
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answered on Feb 21, 2024
Yes, you can report a federal employee to their employer for neglecting caretaking responsibilities of an immediate family member. However, consider the following:
1. Verify the federal agency's policy on employees' duty to care for sick parents. There may be provisions for family... View More
My mother, who passed 2 months after my dad claimed his home and gave it to my half sister and left me entirely out although I lived with my dad and took care of him. He told me I would get his home in conversations. Because of undue influence my mother left it to my half sister who moved in... View More
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answered on Feb 20, 2024
In California, the laws of intestate succession determine heirship in cases where there is no valid will, or a will is contested. If your father did not have a will stating his wishes regarding his property, and your mother claimed the property and then passed it to your half-sister, the situation... View More
Elderly abuse RO civil code.
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answered on Feb 21, 2024
In California, it is possible for a restraining order to be issued against someone for a second time, even if a previous order was overturned or expired. The key factor is the presence of new evidence or incidents that justify the issuance of a new restraining order. If circumstances have changed... View More
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