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California Elder Law Questions & Answers
1 Answer | Asked in Civil Rights, Elder Law and Health Care Law for California on
Q: 1. My friend (boyfriend) of two or three years has heart issues. 2. His request always is to be housed near me.

3. When being discharged to nursing facility his sister moves him without his knowledge.

He states that she doesn't have durable power of attorney.

He wants me to make decisions so he can be near me. Feels he gets better with me near by

I live in Hemet CA (Riverside... Read more »

James R. Dickinson
James R. Dickinson
answered on Sep 22, 2022

He should speak with an estate planning attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Civil Rights, Constitutional Law, Elder Law and Land Use & Zoning for California on
Q: What type of attorney do I need? City code inforce, city appointed reciever took my home kept all equity? What type of l

I'm 68 retired us veteran city took my home using code inforcement. Then court appt reciever

Louis George Fazzi
Louis George Fazzi
answered on Aug 19, 2022

You should look for a lawyer with experience handling both elder abuse claims and civil rights cases. You might also contact the local ACLU office and ask for their help.

Do not delay because every moment counts.

1 Answer | Asked in Elder Law and Personal Injury for California on
Q: How long do you have to file a lawsuit after a request for reasonable accomidation has been denied?
Dale S. Gribow
Dale S. Gribow
answered on Aug 18, 2022

what are you suing for, and why?

Are you saying a hotel refused to rent a room? if so why?

2 Answers | Asked in Domestic Violence, Elder Law and Family Law for California on
Q: My 65 year old retired mother is being physically, mentally and financially abused by her 49 year old husband.

She is on a fixed income and recently refinanced the home because he demanded she pay him back for the down payment which was over 20 yrs ago. She has been the only one paying mortage, utilities. Hes been there freeloading. Now hes demanding she leave, its his house. Shes not allowed to eat his... Read more »

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Aug 17, 2022

It surely seems like a very toxic relationship. I recommend that she get away from him as soon as possible. The longer they remain married, the more money she may owe him in spousal support (aka alimony), since she is financially supporting him during the marriage.

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1 Answer | Asked in Family Law, Elder Law, Probate and White Collar Crime for California on
Q: My mother is 93 and suffers from dementia.i'm 75 and six (6) years ago I completed a 30 plus year prison sentence.

I'm the oldest sibling, and I have three (3) brothers and one (1) sister. Approximately 10 years ago my Mother gave my sister what I believe is a limited power of attorney to manage her property and assets. I was born in Dayton, Ohio. A few years after authorizing the above-noted power of... Read more »

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Aug 7, 2022

A fiduciary litigation attorney can help you attempt to get someone else appointed as conservator for your mother, and the conservator can sue your sister to get stolen money and assets back.

1 Answer | Asked in Civil Rights, Elder Law, Health Care Law and Medical Malpractice for California on
Q: I am a 68 year old male who was discharged from the hospital unstable with three sever conditions. What recourse i have?

I went to Northridge Hospital on 6/14. in chronic pain with Essential Thrombocythemia Hemorrhage Severe/ JAK2 mutation and degenerative disc disease. Admitted 6/15, The Doctor discovered it was my back by 6/17. The hospital contacted Woodland skilled nursing rehab facility to transfer me to. A... Read more »

Louis George Fazzi
Louis George Fazzi
answered on Jul 28, 2022

Are you a veteran? If you are, get to the closest VA hospital emergency room. If you are not already enrolled, they will enroll you while you are there.

If you are not a veteran, look for a civil rights lawyer or law firm who handle elder abuse cases, who can help you. Keep all your...
Read more »

1 Answer | Asked in Estate Planning, Elder Law and Health Care Law for California on
Q: Can I get my deceased grandparent's medical information if I'm not the executor of their estate?

My grandparents passed away over 10 years ago and I am trying to get their medical history. I am not the executor of their estate (they didn't do estate planning before passing away) and my father is the death certificate holder. I live in California, however, they passed away in New York. I... Read more »

Julie King
Julie King
answered on Jul 13, 2022

You are right on the money with the HIPAA reference. Everyone has a right to privacy in their medical information. So, if one spouse is in the hospital and the other spouse calls to ask how the hospitalized person is doing, the hospital is not even allowed to acknowledge the person is in the... Read more »

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Elder Law for California on
Q: Can we pull equity from a property in my parent's trust to finance my mother's long-term care?

My mother currently lives in the house she purchased with my late father. Fully paid and in their trust. She is showing signs of dementia and we expect the need for full time in-home or assisted living care within the next year. In a recent review of my father's trust, we found an unexpected... Read more »

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Jul 6, 2022

Talk to an elder law attorney. You might be able to keep the house AND get Medicaid to pay for her care.

1 Answer | Asked in Elder Law, Estate Planning and Probate for California on
Q: My grandmother died and no will. She has 2 biological children but I took care of her.can I petition to inherit?

She didnt have relationships with her two children. One was ordered to move out and had a protective restraining order about 6 months prior to death and her other child she hadn't seen in 15 years. However the son she had no contact with for 15 years came one day and got POA. However, my... Read more »

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Jul 5, 2022

When a person dies with no will, then state law determines who inherits. Assuming your grandmother was unmarried when she died and all of her biological and adopted children survived her, then her children inherit in equal shares. Grandchildren would not inherit.

2 Answers | Asked in Estate Planning and Elder Law for California on
Q: As an out-of-state son (#1) and named beneficiary, how do I get a trust accounting from an uncooperative executor?

As an out-of-state son (#1) and named beneficiary, is it possible to get a trust accounting and a copy of the current (I've seen an older one) trust from a completely uncooperative other son (#2) who is the executor and POA? He keeps moving my mother to different facilities (early alsheimers)... Read more »

Julie King
Julie King
answered on Jun 22, 2022

Unfortunately, you may have an elder abuse situation on your hands. Elder abuse includes both physical abuse and taking advantage of someone with limited mental capacity by spending all their money. I'm sorry to say it sounds like you need to hire a lawyer because your brother won't... Read more »

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1 Answer | Asked in Consumer Law, Arbitration / Mediation Law, Elder Law and Insurance Bad Faith for California on
Q: If I was overcharged for a root canal 15 mos. ago Am I entitled to reimbursement plus interest? They earned interest.

I wanted to go to my root canal dentist who was in the plan but they insisted i go to their sister office; as it turned out he was nor in the plan and i had to appeal to get them paid.

Tim Akpinar
Tim Akpinar
answered on Apr 12, 2022

A California attorney could advise best, but your question remains open for three weeks. Nationwide, claimants do sometimes include interest in filing arbitrations for health care services (I cannot speak for California rules with AAA or other arbitration forums). But as a practical matter, it... Read more »

1 Answer | Asked in Elder Law for California on
Q: My Mom is 82 w/mild dementia and able to make decisions. Can she change Power of Attorney & choose where to live?

Her oldest daughter has Power of Attorney,

placed her in a facility without asking or talking to her about other living options she has available to her. She doesn't want to live nor need to live in a facility. She also has a Living Trust. She has options to live with relatives or... Read more »

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Mar 21, 2022

So long as she has the "capacity" to make her own decisions, she can make her own choices, including revoking a power of attorney. If a contract was signed with a valid power of attorney in place, that will have to be looked at. You should have your mom see an estate planning attorney,... Read more »

1 Answer | Asked in Estate Planning, Family Law and Elder Law for California on
Q: My mother changed the trustee of her living trust from one child to another. There are four siblings and the one who is

now the trustee refuses to share any information about the estate or trust with her three siblings. She has now had Mom diagnosed with dementia. Are we entitled to a copy of the trust and/or any other estate information while Mom is still living? How do we get a copy of the trust?

Thank you

James Edward Berge
James Edward Berge
answered on Jan 27, 2022

If mom was diagnosed with dementia, then yes, you and your siblings are all entitled to a copy of the trust and certain information under the terms of a new law which became effective on 1/1/2022. I would advise you to consult with an estate planning attorney to determine and enforce your legal... Read more »

1 Answer | Asked in Family Law, Criminal Law and Elder Law for California on
Q: My ex-husband is 64 with advanced dementia. His girlfriend married him 6 weeks ago My daughter needs help to annul it.

His girlfriend cashed out his 401K and used his credit. She refused to let anyone talk to him over the past 2 yrs. She refused to take him to the doctors. He was wandering around daily in his Camptonville neighborhood. He has gone missing several times. My daughters and I flew out to check on him... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Nov 19, 2021

more info is needed.

this is not a criminal case unless you are referring to someone to represent his new wife.

make an appointment with a local lawyer in your area.......maybe one who does conservatorship etc???

1 Answer | Asked in Elder Law and Family Law for California on
Q: My brother sold my fathers property without his consent my father is in nursing home what do i do ?
Maurice Mandel II
Maurice Mandel II
answered on Sep 21, 2021

This could be a number of different wrongs, including "conversion" (think theft), and Elder Abuse. You should contact a local attorney that handles issues of Elder Abuse (Financial abuse is also Elder Abuse- you don't have to bruise them to commit Elder Abuse). You should act right... Read more »

1 Answer | Asked in Elder Law and Family Law for California on
Q: My dad was put in a nursing home my brother sold his property without my fathers consent what do i do ?
James Edward Berge
James Edward Berge
answered on Sep 21, 2021

There's nothing you can do assuming your brother had the legal authority to sell your father's house. In other words, if he had a durable power of attorney from your father which authorized him to sell the house or he was acting as the trustee of your father's trust which owned the... Read more »

1 Answer | Asked in Family Law, Elder Law, Intellectual Property and Landlord - Tenant for California on
Q: Hi there, I'm sorry to bother you...I don’t know what to do…

… I have an older sister that is a meth addict and her daughter also following in her footsteps. They both live with my parents that are from the age of 77 to 84. In the short, my sister and loser daughter are stealing money from my parents, blackmailing my dad and pressuring my dad to help them... Read more »

Sally Bergman
Sally Bergman
answered on Sep 10, 2021

You should immediately call Adult Protective Services who will investigate. Your parents can file for an Elder Abuse Restraining Order and can likely have your sister and her daughter removed from the home. If your parents will not support that action, you may need to consider filing for... Read more »

1 Answer | Asked in Elder Law for California on
Q: Is there a limit to how much a long-term care service can increase its rate each year?

My senior family member is receiving 24 hour care services and recently received a 22% increase in the cost of his care.

James Edward Berge
James Edward Berge
answered on Aug 20, 2021

No, there are no statutory limits. You should however review your contract with your healthcare provider and see if there are any notice requirements and/or any other limitations before a rate increase takes effect.

2 Answers | Asked in Estate Planning and Elder Law for California on
Q: Can I collected property from brother who is living and has signed will over to his stepson? Brothers wife is deceased.

Step son have power of attorney over medical but brother can sign for his own finances as far as he knows. I’m in California and he is Alaska living with them. He is not happy because they are controlling him.

Julie King
Julie King
answered on Aug 10, 2021

If your brother is living, the most important question is whether your brother still has his mental capacity. In other words, does your brother have advanced Alzheimer's Disease or is he completely lucid? If your brother still has his mental capacity, he should be making all his own decisions... Read more »

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2 Answers | Asked in Estate Planning and Elder Law for California on
Q: Can I collected property from brother who is living and has signed will over to his stepson? Brothers wife is deceased.

Step son have power of attorney over medical but brother can sign for his own finances as far as he knows. I’m in California and he is Alaska living with them. He is not happy because they are controlling him.

Ivette Santaella
Ivette Santaella
answered on Aug 10, 2021

Hello,

Only if he names you his agent in the DPOA. If he feels that they are abusing him he should contact adult protective services in Alaska.

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