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I'm seeking legal guidance regarding my elderly parents' care and financial safety. My younger sister is attempting to take over their finances and put them in an elderly living facility, despite my parents being fully capable of making their own decisions. They are drafting Powers of... View More 
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answered on May 16, 2025
You’re right to be concerned. What you’ve described may constitute elder abuse and financial exploitation under California law. The behavior—coercion, verbal and physical abuse, false accusations, and fraudulent changes to financial accounts—raises serious red flags.
You should... View More
My sister, who lived in Sunnyvale, CA and has dementia, does not remember her lawyer who prepared her will. Unfortunately, her house burned down and all documents were lost. Her husband is unaware of the lawyer’s identity, and she has no friends who might have that information. My sister is... View More
answered on May 1, 2025
I'm sorry to hear about the situation. Did your sister own the home? If so, there is a good chance she created a living trust and funded the trust with the real estate and possibly other assets. This means that a trust transfer deed for the house would be recorded at the county... View More
I am seeking advice on filing a lawsuit in California for Intentional Infliction of Emotional Distress and Elder Abuse. The wrongful acts have been ongoing for over 15 years and have worsened. As a 77-year-old plaintiff, I have suffered extreme emotional distress due to this conduct and can... View More
answered on Apr 21, 2025
To pursue an IIED claim, you must demonstrate (1) extreme and outrageous conduct by the defendant, (2) intent or reckless disregard for causing emotional distress, (3) severe emotional suffering, and (4) a direct causal link between the defendant’s actions and your distress, as established in... View More
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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
answered on Nov 8, 2024
In California, if a healthcare provider left a needle in your arm after an MRI or any medical service, it could be considered negligence, as medical professionals are expected to remove all instruments used during a procedure. This incident may fall under medical malpractice if it causes harm,... View More
What should we do next and we have pictures and a bunch of people from the hospital has been coming to talk to her
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
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
False allegations used to obtain emergency restraining order to remove self from property by Law enforcement thru the court. Then false witnesses were produced along with false testimony and video evidence was erased of time and place allegation were made of by the complainants son and also... View More
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answered on Jul 24, 2024
I'm sorry to hear about the distressing situation you're facing. In California, if you have been falsely accused of elder abuse and have been cleared in the restraining order case, you have several options to consider. First, you might want to gather all evidence that supports your... View More
I know my dad had assets. He owned his home over 50 years. He was cremated when he had a burial plot paid for already, which she lied about. His ashes were just buried less than a month ago. I am thinking there is something suspicious with her. My sister told me she had a company shred documents... View More
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answered on Jul 22, 2024
I understand how distressing and suspicious this situation must feel for you. In California, when someone passes away without a will, their assets typically go through probate, a court-supervised process that distributes the deceased's estate according to state laws. You and your siblings have... View More
so I have a settlement check coming, the law firm told me that the driver that hit me, has insurance that covers all bills, yet I been told by my law firm, that I have to pay $5000 out of my settlement check. Why if the law firm told me that all insurance bills where paid? Also I have $3500... View More
answered on Jul 10, 2024
I'm sorry for your ordeal. Unfortunately, one would need to review your file to offer a definitive answer. Yes, you are partially correct in the insurance company paying the bills. But if you had an IME (independent medical exam) and were cut off by the carrier, but continued to treat,... View More
so I have a settlement check coming, the law firm told me that the driver that hit me, has insurance that covers all bills, yet I been told by my law firm, that I have to pay $5000 out of my settlement check. Why if the law firm told me that all insurance bills where paid? Also I have $3500... View More
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answered on Jul 2, 2024
I understand your frustration with this complex situation. Let me break down the issues and provide some general information that may help clarify things:
1. Insurance coverage vs. settlement:
Even if the other driver's insurance covers your medical bills, your settlement may... View More
The restoration company led us to believe that our insurance policy included coverage for damages. We called our insurance co and a plumber when we noted the leak. Insurance co. was there within hrs. and asked to see insurance policy. He began quoting dollar figures that we would be compensated... View More
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answered on Jul 1, 2024
This is a complex situation that involves multiple areas of law, including insurance, contract, and potentially elder law. Here's a breakdown of the key issues and some potential steps you might consider:
1. Insurance Claim Denial:
- Review your insurance policy carefully to... View More
executor of my clients will or trust. Her current attorney and this person will not share this info with my resident or myself. Her DPOA have been revoked however she is stating she has control oh my residents trust or will and get everything. What can I do?
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answered on Jun 29, 2024
This situation involves potential financial abuse of a vulnerable adult in assisted living, which is a serious concern. Here are some steps you can consider taking:
1. Report suspected abuse: Contact your local Adult Protective Services (APS) office to report the suspected financial abuse.... View More
In exchange, they get . 75% of my Social Security income. I developed mental problems in 2023 which were later diagnosed as vascular dementia due to bleeding in my brain. To make a long story shorter, I was plopped in Clearwater at Glendora, where I have lived for slightly over a year. There is... View More
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answered on Jun 29, 2024
Thank you for sharing your situation. This is a complex legal matter involving elder law, contracts, and medical issues. Here's an overview of the key points and some general guidance:
1. Breaking the covenant:
To break the agreement with Masonic Homes, you'll likely need... View More
Finances and abusing my mother mentally and physically. I have contacted adult protective services with no action taken. I'm at a loss of whatcto do but something must be done
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answered on Jun 26, 2024
This is a serious and concerning situation. Here are some steps you might consider taking:
1. Document everything: Keep detailed records of any suspected abuse, including dates, times, and specific incidents.
2. Gather evidence: Collect any financial records, medical reports, or... View More
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
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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... View More
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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
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
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 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
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