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California Elder Law Questions & Answers
1 Answer | Asked in Constitutional Law, Personal Injury, Civil Rights and Elder Law for California on
Q: Pro per Plaintiff had civil suit reassigned without my knowledge. Is there any procedure to discover why in California?

During initial hearing before new judge, it seemed as if she was not familiar with the case. She did not ask Defendant's atty to declare his presence so I have no idea if anyone was actually present. Lastly, she seemed completely befuddled, as though she had no idea what she was doing.

Theodore Allan Greene
Theodore Allan Greene answered on Mar 21, 2021

It's hard to know exactly your role in the case. Are you a defendant? Do you have an attorney? Without more information we can't really give you a good answer. If you have an attorney you should ask them. If you don't and you are a party in the case you should strongly consider... Read more »

1 Answer | Asked in Family Law, Elder Law and Probate for California on
Q: If 2 people are Co - Trustees & POA. If one person oversteps their Fiduciary duty to change Beneficiaries on an annuity?

The Trustor is still alive but incapacitated. Is that illegal?

Maurice Mandel II
Maurice Mandel II answered on Mar 19, 2021

Possibly. And it could even possibly be Criminal Elder Financial abuse. You should consult with a local attorney in Conservatorships/probate/elder law.

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1 Answer | Asked in Family Law, Elder Law, Health Care Law and Libel & Slander for California on
Q: WHAT RIGHTS DO I HAVE AS MY MOTHERS CARE PROVIDER FOR 10YRS SHE WASNT RETURNED AFTER VISIT W SISTER IN7/20 .

MY SISTER TOOK MOM IN JUN 2020 FOR A VISIT AND NEVER RETURNED HER NOW MY FAMILY WILL NOT LET ME SEE ARE SPEAK TO MY MOTHER SHE LIVES WITH ME FOR TEN YEARS AND I HAVE POWER OVER HER , SHE IS NOW IN A HOSPITAL IN MODESTO AND IVE BEEN THERE 3X AND THEY SAY I NEED TO SPEAK TO MY BROTHER WHOM I DO NOT... Read more »

Maurice Mandel II
Maurice Mandel II answered on Mar 18, 2021

You need to speak to a local attorney handling Conservatorships and/or Elder abuse law.

Justia disclaimers below, incorporated herein.

2 Answers | Asked in Criminal Law and Elder Law for California on
Q: I need a lawyer but I’m not even sure of what kind

the situation is and I’ve been charged with financial Elder abuse I have also been charged with GTA for driving my grandpa’s truck is it always have as well as a restraining order against me the underlying issue however is I have a cousin who is threatened by myself and my children were in we... Read more »

Stanley Dale Radtke
Stanley Dale Radtke answered on Mar 18, 2021

A good criminal defense lawyer. If you cannot afford one, a public defender will be appointed to represent you in the criminal court.

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1 Answer | Asked in Civil Litigation, Elder Law and Estate Planning for California on
Q: Estate law missing will

Mother died, sister and brother got a lawyer and excluded brother? Is the excluded brother automatically entitled to any windfall should they receive an inheritance? This is in CA

Julie King
Julie King answered on Mar 15, 2021

It depends on the dollar value of your mother's estate, which is all of her assets except retirement, her car, and a few other items. If your mother's assets are valued at $166,250 or more, the law requires the estate to go through the Probate Court, so a judge can supervise the... Read more »

2 Answers | Asked in Elder Law for California on
Q: Mom with Alzheimer in assisted living. I'm trustee of the trust. Sister needs to be appointed Guardian of medical.

In california, can my sister be appointed just guardian of living/medical conditions? Mom definitely cannot be at her home.

James Edward Berge
James Edward Berge answered on Mar 13, 2021

Definitely, except it’s called a conservator of the person. You can manage the finances and she can handle the healthcare, personal care and long-term care.

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2 Answers | Asked in Estate Planning, Elder Law, Identity Theft and Probate for California on
Q: Family member passed away, discovered money was stolen courtesy of the bank. What can we do?

A family member recently passed away while settling affairs we found out a family member was stealing his money by forging checks. What legal recourse do we have based on financial exploitation? He was 64 and disabled and required assistance. The banks informed us of the questionable activity at... Read more »

Bill Sweeney
Bill Sweeney answered on Mar 3, 2021

Presumably, identify theft has occurred. If so, you might find the following web address helpful.

https://oag.ca.gov/idtheft/facts/victim-checklist

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1 Answer | Asked in Elder Law for California on
Q: How do you revoke power of attorney from someone who has abused their power?

If you have an elderly family member who gave his child power of attorney to assist them with their financial affairs and you discover the person who has power of attorney has stolen the elderly family members money. The thief also drew up a will a few years prior. Now that its discovered the... Read more »

Sally Bergman
Sally Bergman answered on Mar 3, 2021

You should contact an elder law attorney to immediately prepare and serve a revocation of the power of attorney. That attorney will also explore a possible financial elder abuse claim. I would not suggest you try to do the new power of attorney yourself as it's not likely the financial... Read more »

1 Answer | Asked in Estate Planning, Contracts, Elder Law and Probate for California on
Q: I need estate lawyer to help deal with a hospital were my mom passed away

My mother passed away in a hospital. Hospital lost her property and sum of money she brought with her. As compensation they issued me daughter a check that I had problem utilizing. and lost.. It was made out to the estate of <moms name> Now they are giving me replacement check but I'm... Read more »

Nina Whitehurst
Nina Whitehurst answered on Feb 17, 2021

If your mother’s estate, consisting of that check plus her other assets, is worth less than $166,250, you might be able to collect all of her assets with a small estate affidavit. A probate attorney can help you determine whether your mother’s estate qualifies and, if so, can help you draw up... Read more »

1 Answer | Asked in Estate Planning and Elder Law for California on
Q: I'll try again. Small, I mean small estate. No family, friends to help me out. I'm alone. I need assistance for closing.

Will a ProBono Attorney, close my Estate after I pass. My total assets are under $14,000.00 year.

Sally Bergman
Sally Bergman answered on Feb 12, 2021

You need to take at least some minimum steps to make sure no estate administration is required. For every bank account, make sure you have designated a pay-on-death beneficiary and make sure that person knows they are the beneficiary. Following your death, that person can bring in a copy of your... Read more »

2 Answers | Asked in Personal Injury, Animal / Dog Law, Elder Law and Landlord - Tenant for California on
Q: spraying raid into my room all day and night my cat and i are physically ill do i speak w/ a personal injury lawyer
William John Light
William John Light answered on Jan 18, 2021

If you sprayed an insecticide into your room all day and night and then became ill, it sounds like you made yourself sick. You should go to the doctor before you even think about talking to an attorney. If someone else is responsible for spraying Raid, then that person might be responsible,... Read more »

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1 Answer | Asked in Elder Law and Social Security for California on
Q: Do I go to a County attorney to turn in elder abuse , neglect and miss use of retirement fund's

It looks to me as if he suffered during his death

Jeffrey Louis Gaffney
Jeffrey Louis Gaffney answered on Jan 12, 2021

Start with Adult Protective Services. I have had great luck with them and they will refer it to the office it needs to go to.

4 Answers | Asked in Estate Planning, Real Estate Law, Tax Law and Elder Law for California on
Q: An elderly neighbor offered to will me her home if I managed her care for the next few years. What are the issues here?

My elderly neighbor's husband just passed, and she finds herself overwhelmed by paperwork, by legal matters, and so forth. She is getting quite on in years and has no living family. She offered to will me her home if I would become power of attorney on her behalf and helped manage her affairs.... Read more »

Jeffrey Louis Gaffney
Jeffrey Louis Gaffney answered on Jan 5, 2021

The main issue is that it is not enforceable. Also, you are trying to take payment for something without calling it income.

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1 Answer | Asked in Civil Litigation, Elder Law and Probate for California on
Q: my siblings took my dad and grandma to the lawyer office to change their will to a living trust

I'm a abused beneficiary my siblings won't show me my dad and grandma accounting I believe they're are stealing from my dad and grandma they change their mailing address to a p.o box I've believe my grandma and dad been abused physically and mentally.

Gerald Barry Dorfman
Gerald Barry Dorfman answered on Dec 27, 2020

You can report your observations and suspicions to Adult Protective Services in the counties in which your grandma and dad reside. They will conduct an investigation.

1 Answer | Asked in Real Estate Law, Civil Rights, Elder Law and Landlord - Tenant for California on
Q: I live in Hud apartments for seniors and disabled, someone new have moved in the apartment over me. He stomps not walk

I have informed the manager of the problem and she told me to talk to me ? and to write her a letter about the matter and drop in the night box for the building. I did the first letter 12-1-20 and the second letter 12-7-20. This man only stomps over my bedroom and drops things on the floor and... Read more »

Louis George Fazzi
Louis George Fazzi answered on Dec 7, 2020

I suggest you go up and introduce yourself to your new neighbor. In as friendly a manner as possible, let him know you are his downstairs neighbor. You might ask if he has difficulty moving around in his apartment as it sometimes sounds like he is making stomping noises that can be quite startling,... Read more »

1 Answer | Asked in Elder Law for California on
Q: My mother in-law needs to be confined to a locked facility how do I help my wife file conservatership

What does my wife need to prove to the court and what is the best type of evidence for my wife to provide the courts to show the that her mother needs to be confined for her safety and the safety of others(her mother has he her liscenae revoked but still drives when she shouldn’t she stops in the... Read more »

Jeffrey Louis Gaffney
Jeffrey Louis Gaffney answered on Dec 4, 2020

A Conservatorship is filed in the County where she lives. You can ask the judge for special powers to put her in a facility where she can be kept from wandering, but your doctor has to support it and the judge won't want to do it unless it really is the best thing for Mom; the same procedure... Read more »

4 Answers | Asked in Elder Law, Nursing Home Abuse and Personal Injury for California on
Q: Senior Living Home Negligence

My mother has been living in a senior living apartment home as a tenant. Three days ago, she slipped on the floor in the bathroom and pulled her emergency cord that is supposed to directly ring the local fire department for emergency help. However, after she pulled the cord for 30 minutes, no help... Read more »

Theodore Allan Greene
Theodore Allan Greene answered on Nov 24, 2020

Contact an attorney. Do you have any evidence that the Landlord knew that the cord didn't work. They should have some policies in place to avoid such a situation. Like a weekly test of the system, etc..

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1 Answer | Asked in Civil Rights and Elder Law for California on
Q: I live in a local HOA and have placed 5 political signs in my front yard.

Today, I received a letter from the HOA stating that i need to remove the signs now, as the election is over. Note: The election is not over yet until all states certify the election and/or legal action is completed and decisions are rendered in all states and electoral college. I believe this... Read more »

Louis George Fazzi
Louis George Fazzi answered on Nov 23, 2020

This is a common refrain one keeps hearing about local HOA, i.e. that they continue to interfere with our personal freedoms in some fashion or another. The present issue lies in the fact that you do not consider the election "over" yet. It is only a matter of semantics, because for all... Read more »

1 Answer | Asked in Business Formation, Criminal Law, Elder Law and Federal Crimes for California on
Q: The Law is very clear on conspiracy well my family when my father died they had this fami;ly meeting that didnt includem

well they had a family meetinmg they didnt want me to know about he told a sister under me to carry out all the eveil things they all agreeed on they abandoned me she went on the bribe all my friends she bribed my two daughters they stole my identity it took me over a year just two get my dvr... Read more »

Dale S. Gribow
Dale S. Gribow answered on Nov 23, 2020

more info would be helpful but i don't handle this type of case.

type up an easy to read summary and then call lawyers in your area.

the way you describe it I think many lawyers would be scared off.....

1 Answer | Asked in Elder Law for California on
Q: Do we have an elder financial abuse case?

My dad is a 83 years widower and recently met a female who became his best friend. They have developed an intimacy relationship over the past months. I recently found out that my dad lent his female friend $210,000 in the past few months without a promissory note. According to my dad, his female... Read more »

Robert Philip Cogan
Robert Philip Cogan answered on Nov 23, 2020

This question appears to be requesting a legal opinion. That is normally done within an attorney-client relationship. Based on the limited fact statement above there seems to be a problem. An attorney might be able advise your whether you have standing to do anything about it even if your father... Read more »

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