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California Elder Law Questions & Answers
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 »

2 Answers | Asked in Elder Law for California on
Q: My mother is 88 years old she was living in a building for elderly citizens, where there was harassment by the manager

this went on police were call. citizens of this building are scared of him, she had to move out last week we need to file a restraining order because they have her new address. We are filing a law suite for damages she was also hospitalize in the time that she was living there, he does not do his... Read more »

Maurice Mandel II
Maurice Mandel II answered on Nov 19, 2020

Terribly sorry to hear your mother was treated this way, Elder Abuse is as bad as Child Abuse, because Elders often cannot protect themselves. You need to contact a local attorney that deals in Elder Abuse right away, he can assist you to obtain the relief you need for your mother. You should... Read more »

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1 Answer | Asked in Banking, Estate Planning, Real Estate Law and Elder Law for California on
Q: What happens, and what documents will a mortgage loan servicer require when death of a spouse/co-borrower is reported?

Mother died recently. No probate. Father & mother (married) both co-borrowers (father was primary) on principal residence they owned as trustees.

Home is in revocable living trust. Mother & father are the grantors, father is successor trustee. I am sole beneficiary. No one else is... Read more »

Maurice Mandel II
Maurice Mandel II answered on Oct 28, 2020

So this goes with the other question posted in probate. Apparently this check comes from an escrow on a refi and is a one time deal. Your other post said there was a joint account. Deposit the check there. The old lender is no longer involved once paid off and does not need any additional... Read more »

1 Answer | Asked in Estate Planning, Banking, Elder Law and Probate for California on
Q: Is it possible for a widower to cash a check made out to him and his deceased wife?

My elderly father is receiving a check, titled to him and my deceased mother/his wife. It is titled using AND, not OR, meaning both signatures are required.

They are the grantors of their living revocable trust, and were the only two trustees. Father became successor trustee. I am sole... Read more »

Maurice Mandel II
Maurice Mandel II answered on Oct 28, 2020

What is not clear from your post is who is the maker on the check? You provide so much extraneous information that is sounds like the check is coming from the trust that your father is the trustee on. But that makes no sense. IMO you should go to the maker of the check and request that the check... Read more »

1 Answer | Asked in Estate Planning, Banking and Elder Law for California on
Q: Can a check made out to the sole trustee of a revocable living trust be cashed without a trust account?

Elderly father received check after home refi. It’s made out to him as: “Name, as trustee of the abc trust”. It cannot be reissued.

Trust is a revocable living trust. Mother and father were the grantors and only 2 trustees. Mother passed away, father is sole trustee now (successor). I... Read more »

James Edward Berge
James Edward Berge answered on Oct 27, 2020

It’s a common situation, but every bank and credit union and other financial institution has its own rules. My experience as an estate planning specialist with over 25 years in the field is to simply have your dad endorse the check on the reverse side as follows: “For deposit only”, and then... Read more »

1 Answer | Asked in Elder Law, Estate Planning, Real Estate Law and Tax Law for California on
Q: CA Prop 19: After parent-child transfer, if child uses home as principal res. for years, is it reassessed if he leaves?

I have a question about CA Prop 19 that I haven’t seen addressed anywhere yet, and was hoping someone from this Q&A forum might have an answer.

Prop 19 for the most part repeals Prop 58, which allowed parents to transfer a house to their children, without the house being reassessed... Read more »

Zaher Fallahi
Zaher Fallahi answered on Oct 25, 2020

Congratulation, you sound like a tax pro and seek speculation on I believe a proposed new law. That may be tough one. Good luck. Zaher Fallahi, Esq, CPA (CA &D.C.).

Disclaimer: No solicitation is intended by answering general questions in this forum. This is for information purposes,...
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3 Answers | Asked in Criminal Law, Estate Planning, Elder Law and Probate for California on
Q: What are the steps on revoking a durable power of attorney from a spouse. The partner is no longer able to speak.

I'm the son of the partner who is unable to speak. Her spouse is not making choices in her best interests and our family believes he is using his power for his benefit. We believe he is using her money, credit cards, and has mentioned he is using our elderly grandmothers (now deceased) bank... Read more »

Nina Whitehurst
Nina Whitehurst answered on Oct 24, 2020

If the power of attorney is NOT durable then it was automatically revoked when your mother became incapacitated. If it is durable and your mother is no longer able to revoke it, then you would have to go to court to get a guardian and conservator appointee. The conservator would then be able to... Read more »

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1 Answer | Asked in Elder Law for California on
Q: Is it wrong for my father in law to be in an assisted living home?

I have a durable poa for my father in law and his grandson has medical poa. He put my father in law in an assisted living home and is paying by writing check from his social security checks every month. I did not know or approve of this procedure ans from what i understand i am supposed to agree... Read more »

Maurice Mandel II
Maurice Mandel II answered on Oct 14, 2020

If you are not pleased with the situation, you need to file for a conservatorship, either of the person or property of your F-I-L. It isn't an easy procedure, you will need a Guardianship/Conservatorship/estate attorney. This will give the Court jurisdiction over the way father's social... Read more »

3 Answers | Asked in Elder Law and Estate Planning for California on
Q: My 89 year old father (widower) in Arizona wants to set up a living trust for his mobile home and car.

My father still has a small mortgage on the home. He already has a Will and Durable POA. He is interested in creating a mechanism such as a living trust by which his home and minivan can be transferred to me as his sole heir without the necessity of the property going through probate. His Will... Read more »

Jonathan Purcell
Jonathan Purcell answered on Sep 25, 2020

I'm not familiar with Arizona laws. A quick internet search reveals that Arizona has a form for beneficiary designation of automobiles. Please refer to the link below.

https://apps.azdot.gov/files/mvd/mvd-forms-lib/96-0561.pdf

Jonathan Purcell is a California Attorney. This...
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2 Answers | Asked in Employment Law, Elder Law and Nursing Home Abuse for California on
Q: Can I get fired/sued for alleged "conflict of interest" and/or "elderly abuse" for leasing resident's vacant home?

I'm a caregiver in an assisted living facility. Back in July 2020, one of the residents (in her 80's) mentioned about her vacant home and asked me if I wanted to lease it. I answered yes but told her my current lease ends November 30, 2020. She said her friend (her trust administrator)... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 19, 2020

Because of your position as a caregiver, any transaction that you have with one of your charges will have, at least, an "appearance" of impropriety or overreaching by you. This is whether the transaction is in fact, disadvantageous to the charge or not. On the other hand, if you are... Read more »

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1 Answer | Asked in Elder Law for California on
Q: No POA but my name is on my moms lease. She no longer has capacity, but mgmt changed locks & my moms keys don't work.

In Northern Calif. My name is on her lease for emergency, next of kin, and also it grants me access to her apt if & when needed. She gave me her keys. She has taken a turn for the worse. I need to clear out her apt, but mgmt won't let me in unless they get paperwork showing my mom... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 4, 2020

Best wishes to your mom. Start with getting a letter from her M.D. stating that she has suffered a stroke, is suffering from COVID and cannot make decisions for herself. They probably want to cover their asses rather than cause you grief. I assume that you do not have a Health Care POA. You... Read more »

1 Answer | Asked in Elder Law for California on
Q: Is there legal recourse to see, visit, and speak with an aging parent (87yr) who is being isolated by one family member?

My sister removed mother from senior living without notification, blocked my number, won’t let my mother see me, speak to me. I believe she is isolating her and then leaving her alone just to cash her social security. She claims COVID-19, but this started before and my mother has been seen in... Read more »

Maurice Mandel II
Maurice Mandel II answered on Aug 21, 2020

First, this is not really Family Law, it is Conservatorship/ Elder abuse law, and you need to repost so those attorneys get an email showing this question. IMO you need to file for a Conservatorship of your mom. You can search for an attorney that deals in Conservatorship/Guardianship on this... Read more »

3 Answers | Asked in Criminal Law and Elder Law for California on
Q: Hello I'm needing a lawyer for my wife she is accused of commenting elder abuse which was false she has court on 08/14
Steven Lance Bynum
Steven Lance Bynum answered on Aug 8, 2020

In which California County are you located? I assume this is a criminal elder abuse matter? Please provide more information

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2 Answers | Asked in Wrongful Death and Elder Law for California on
Q: Can I bring a lawsuit against family member I feel adided in my fathers death instead of helping
Maurice Mandel II
Maurice Mandel II answered on Jun 29, 2020

Sorry for your loss. This is really not a "Family law" issue or "criminal law" issue unless your family member was a nurse or M.D. This may be an "Elder abuse" situation and it may be a "wrongful death" which is a category of personal injury actions. As his... Read more »

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1 Answer | Asked in Elder Law and Wrongful Death for California on
Q: Would i be able to bring a suit against my step sister who not hiring the proper care for my dying father .

Father had a catheter due to peeing blood

Some kidney problems, she was the only one caregiver contacted ever !

My sister borrowed 6 thousand from my father at that time his care had to reduced from 3 to 2 days . I was unaware of so much I feel she deliberately alienated him... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jun 29, 2020

Sorry for your loss. This is really not a "Family law" issue or "health care" issue unless your SS was a nurse or M.D. This may be an "Elder abuse" situation and it may be a "wrongful death" which is a category of personal injury actions. As his heir, you... Read more »

1 Answer | Asked in Real Estate Law, Elder Law and Landlord - Tenant for California on
Q: What if I have been renting a bedroom for the last 21 months on a gentleman's agreement from a man just died May 1st

And now his arrogant, mean, hateful ex wife is doing all kinds of illegal things to me. Like changing all the locks to everything and only giving me 1 key to 1 door. And now they've completely locked me out of the garage where all of my electrical and carpentry tools and materials are located?... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jun 29, 2020

Your "gentleman's agreement" is only worth the paper it is written on. However, your LL is not allowed to commit "Forcible Entry" under CCP 1159 or 'Forcible detainer" under CCP 1160. These things include changing locks to exclude you from real property that you... Read more »

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