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California Elder Law Questions & Answers
2 Answers | Asked in Elder Law for California on
Q: My father's 84 his girlfriend now manages his money what can we do to make sure his money is being spent correctly

Within the last year sold the family home and moved to a new house in which the girlfriend now has her name on it

T. Augustus Claus
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answered on Feb 15, 2024

In California, if you're concerned about your father's financial management by his girlfriend, especially with significant changes like selling the family home and her name being added to the new property, you might consider a few steps. First, have a candid conversation with your father... View More

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1 Answer | Asked in Elder Law and Health Care Law for California on
Q: The hospital served me with a 30 day eviction notice. Is this something hospitals can do? Is it legal?
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answered on Feb 8, 2024

In California, hospitals themselves do not have the authority to serve eviction notices as they are not landlords in the traditional sense of a housing or rental agreement. However, if the hospital is acting on behalf of a connected skilled nursing facility, assisted living, or another type of... View More

1 Answer | Asked in Elder Law for California on
Q: hired an in home care co for 24hr care for my grandma. We paid the company weekly and they sent their workers who

Would rotate and show up on their own and leave when their shift was over. Grandma past away and now one of the workers is suing grandmas estate for unpaid overtime but we didn’t hire her, we hired a company and paid them weekly. Is this suit against us legitimate?

James L. Arrasmith
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answered on Feb 3, 2024

Under California law, you may not be liable for the worker's overtime claim. Since you hired an in-home care company and paid them directly, you had a contractual relationship with the company, not the individual workers. The company is responsible for complying with employment laws, including... View More

2 Answers | Asked in Elder Law and Stockbroker Fraud for California on
Q: California - A financial advisor commits financial abuse, to accomplish is scheme he manipulates to remove protector

he picked an attorney for the senior to remove the CEO of the family business, make libel and slanderous statements that cost him his 20 year marriage, and they steal his interest in the company costing him millions. The advisor gets investigated by FINRA and loses his license. but with attorneys... View More

James L. Arrasmith
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answered on Jan 31, 2024

Under California law, the CEO may have several legal avenues to pursue against the financial advisor and the firm. Given the complexity of the situation, including financial abuse, libel, slander, and potential interference with business relations, multiple causes of action could be considered.... View More

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2 Answers | Asked in Elder Law and Stockbroker Fraud for California on
Q: California - A financial advisor commits financial abuse, to accomplish is scheme he manipulates to remove protector

he picked an attorney for the senior to remove the CEO of the family business, make libel and slanderous statements that cost him his 20 year marriage, and they steal his interest in the company costing him millions. The advisor gets investigated by FINRA and loses his license. but with attorneys... View More

Steve A. Buchwalter
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answered on Jan 31, 2024

James is right, but with one caveat. Every FINRA firm requires investors to sign arbitration agreements agreeing to have FINRA arbitrators decide the case. FINRA arbitration is a tricky place so make sure any attorney you talk to knows the forum.

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1 Answer | Asked in Elder Law and Probate for California on
Q: Sister#2 hired fiduciary, holding #1's 2.5 million for sister & family. No return to #1. Is this even legal?

Feduciary denies holding #1's (sister's) money for beneficiary #2 who originally hired fiduciary to be conservator. This fiduciary using excuses, denies wrong doing but shows no sign of returning #1's money. 1# has early dementia and has dedicated friend of 28 years helping with... View More

James L. Arrasmith
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answered on Jan 18, 2024

Under California law, a fiduciary, such as a conservator, is legally obligated to act in the best interests of the person they are representing, in this case, your sister #1. If your sister #1 has early dementia and has appointed a fiduciary, the fiduciary is responsible for managing her affairs in... View More

1 Answer | Asked in Family Law, Elder Law and Estate Planning for California on
Q: My grandmother has a will she's 91 and she wishes to add more family members do lawyers make house calls to help

Is it free for senior citizens

James L. Arrasmith
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answered on Jan 18, 2024

Lawyers can make house calls to assist with legal matters such as amending a will, especially for senior citizens who may have mobility issues. However, whether this service is offered and any associated costs can vary depending on the law firm and the location.

While some attorneys may...
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1 Answer | Asked in Elder Law and Probate for California on
Q: Can a fiduciary be removed by the individual they are p.o.a. of?

In the case I am asking a question about, the court prescribed fiduciary has been seemingly intruding in the bill paying that the primary has been taking care with the help of a long term friend and there is no evidence that there is need for the fiduciary.

James L. Arrasmith
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answered on Jan 16, 2024

In California, if a court has appointed a fiduciary, such as a power of attorney (POA), the individual who granted the POA typically cannot unilaterally remove the fiduciary. This is especially true if the individual's capacity to make such decisions is in question, which is often the case... View More

1 Answer | Asked in Probate, Elder Law and Estate Planning for California on
Q: I need help in proving an individual is illegally selling property for his own benefit.the house was transfered by inter

Family transfer. The owner sold it to a trust in her name and she died one week later. She had no family and I did everything from cleaning to grocery shopping for two plus years. They have asserted themselves in her life two months before she passed in nursing home they put her in. He has... View More

James L. Arrasmith
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answered on Jan 14, 2024

This situation raises serious concerns about potential elder abuse and fraudulent activities related to estate and trust management. In California, there are laws to protect individuals from such exploitation, especially in the context of probate and trust matters.

First, you should gather...
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2 Answers | Asked in Elder Law, Wrongful Death, Estate Planning and Probate for California on
Q: My friend had no family I helped her be able to live at home. Stuff happened and she went to the hospital. She ended up

Never going back to her home. Two people/ old neighbors a mother and son took over her (everything). They conned her and are almost selling her house which he put to a trust in her name at his address. She had zero family they knew this because her daughter died a year earlier. Is it too late to... View More

James L. Arrasmith
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answered on Jan 13, 2024

Under California law, it's important to act quickly in situations like this. If you suspect that your friend has been a victim of financial abuse or undue influence, especially by someone with a questionable past, it's advisable to consult an attorney. An attorney can help investigate the... View More

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2 Answers | Asked in Estate Planning, Family Law, Elder Law and Probate for California on
Q: Is an older person who is able to care for herself with a dedicated long term friend's help, Incapacitated?

The person described in the question was mandated to have a fiduciary when she was caring for herself with a friend`s help and she had a very good credit rating. The fiduciary does little but intrude in the bill paying process and charge a lot of money!

Klaus Gottlieb
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answered on Jan 13, 2024

Under California's new supported decision-making law, an older person who can manage daily life with a friend's help is not necessarily incapacitated. This law allows individuals to make their own decisions with support, rather than needing a fiduciary or conservatorship. If the person is... View More

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2 Answers | Asked in Estate Planning, Family Law, Elder Law and Probate for California on
Q: Is an older person who is able to care for herself with a dedicated long term friend's help, Incapacitated?

The person described in the question was mandated to have a fiduciary when she was caring for herself with a friend`s help and she had a very good credit rating. The fiduciary does little but intrude in the bill paying process and charge a lot of money!

James L. Arrasmith
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answered on Jan 13, 2024

In California, the determination of whether an older person is incapacitated and in need of a fiduciary isn't solely based on their ability to perform daily tasks or manage finances with assistance. Incapacity typically refers to a person's inability to make decisions or manage their... View More

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1 Answer | Asked in Elder Law and Health Care Law for California on
Q: My 88 yr old mother has five children named as Health Care Surrogates. Both my sister and I are named POA on Trust.

My mom has stage 6 Alzheimers and is in CA Memory Care. Her overall health is excellent for her age and is mobile at all levels. Two Surrogates want to relocate her to another Memory Care in CA. The other three to a Memory Care in FL where she had lived and all her Trust/Health Care Directives were... View More

James L. Arrasmith
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answered on Jan 13, 2024

Hi Dennis,

In California, when multiple individuals are named as Health Care Surrogates without specific instructions on how decisions should be made, the situation can become complex. There is no automatic rule that 'majority rules' in these cases. Ideally, the Health Care...
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1 Answer | Asked in Estate Planning, Tax Law and Elder Law for California on
Q: Can you have a grantor and trustee that's not same person using online version of IRS Form SS-4? (Irrevocable Trust)

I am attempting for apply online for an EIN for a irrevocable trust. My mother is the grantor and I am the successor trustee. I have tried several options and it always lists either myself or my mother as both grantor and trustee. Is there a way to do this online or do I need to mail/fax the form... View More

James L. Arrasmith
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answered on Jan 4, 2024

When applying for an EIN for an irrevocable trust online using IRS Form SS-4, it's not uncommon to encounter limitations in how the form handles the roles of grantor and trustee. The online system may have restrictions or default settings that do not easily accommodate different individuals in... View More

1 Answer | Asked in Consumer Law, Real Estate Law, Elder Law and Landlord - Tenant for California on
Q: LOOKING FOR AFRICAN AMERICAN LAWYER IN SOLANO COUNTY

FALSE CONTRACT ADVERTISEMENT FROM REALESTATE CO.

LANLORD NEVER DO REPAIRS AND BOTH THESE TWO BUSINESS PEOPLE LIED TO ME AND ASKED A HUGH MONEY

James L. Arrasmith
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answered on Dec 28, 2023

To address your situation, you might want to consult with a lawyer who can provide specific guidance under California law. A lawyer can help you understand your rights, particularly if you're facing issues with false advertising and a landlord who is not fulfilling their obligations for... View More

1 Answer | Asked in Personal Injury, Products Liability, Elder Law and Medical Malpractice for California on
Q: SSA adjudication Approved spine 2012 surgery vertebra truncated pedicle. 2023 All insurance 0 cancer treat sarcoma tumor

Doctors state "patient Off Meds Cymbalta P4E perceived stress scale Depression only symptoms NO Ortho" "Foot IV shared needle infection failed surgery and 2007 0 radiculopathy False" 1 Cancer Vertebrae truncated pedicle screw tracks L5 malignant tumor sacral chondromas L5... View More

James L. Arrasmith
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answered on Dec 25, 2023

In general, it sounds like you have been through a lot medically and may have grounds to appeal previous disability claim decisions or file new claims. However, disability law and medical details can be quite complex. I would suggest consulting with a patient advocate or disability attorney who can... View More

1 Answer | Asked in Elder Law for California on
Q: Can a caretaker use my grandma‘s fund for down payment for a car, house, trucks, motorcycle, and repairs on home

Can you write the will could be the beneficiary in that position. All this stuff was concerning to me. My grandma‘s bills aren’t being paid the proof messages on the phone. She has a new bank account tied in with my grandma‘s number Why is her bank account have our number? I went to Adult... View More

James L. Arrasmith
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answered on Dec 24, 2023

In California, a caretaker using an elderly person's funds for their own benefit, such as for a down payment on a car or house, without proper authorization, can be considered financial abuse. This is especially true if your grandmother's bills are not being paid and there's evidence... View More

2 Answers | Asked in Elder Law, Employment Law, Libel & Slander and Nursing Home Abuse for California on
Q: i was terminated from a nursing home that caused a wrongful death and i have messages that proove it what do i do
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answered on Dec 22, 2023

If you have evidence suggesting wrongful conduct at the nursing home, it's crucial to preserve this evidence, such as messages that you mentioned. The first step would be to secure copies of these messages in a safe and confidential manner.

It's advisable to seek legal advice from...
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1 Answer | Asked in Estate Planning and Elder Law for California on
Q: Hi, how much it will cost me a trust and will , being on fixed low income and having only the condo I am living in. Tha

I own only the condo I am living in .

James L. Arrasmith
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answered on Dec 21, 2023

The cost of creating a trust and will in California can vary based on several factors, including the complexity of your estate and the rates of the attorney you choose. Since your estate consists only of the condo you live in, your situation might be less complex than others, potentially reducing... View More

1 Answer | Asked in Elder Law for California on
Q: When filing an emergency removal in a limited conservatorship case do I also file the initial forms for conservatorship

I just need to understand what exact forms I need to file

James L. Arrasmith
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answered on Dec 18, 2023

In California, when filing for an emergency removal in a limited conservatorship case, you typically need to file the initial conservatorship forms along with the emergency petition. The initial forms are essential for establishing the basis for the conservatorship itself, outlining who is being... View More

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