California Elder Law Questions & Answers
Q: Is using hidden videos taken of a caretaker who was caught on camera stealing from my mom admissible in court?
1 Answer
| Asked
in
Criminal Law, Civil Rights and Elder Law
for
California
on
Answered on Apr 19, 2019
Answered on Apr 19, 2019
Dale S. Gribow's answer
more info needed.
chances are they would be good but i would ask the DA who i assume is prosecuting them.
s/he will have all the info to make that determination
more info needed.
chances are they would be good but i would ask the DA who i assume is prosecuting them.
s/he will have all the info to make that determination
Q: I am being subjected to elder abuse by my live-in caregiver.
Jeffrey Louis Gaffney's answer
If you cannot just fire the caregiver,ort if she won't leave and no one in your family will help you, then you can ask the court for help.
A court can grant a Restraining Order for Elder Abuse. You start by asking for a Temporary Restraining Order at the court house, then, if it is granted, it lasts for three weeks until you actually meet the judge so that both parties can explain the situation to the judge; the caregiver will be there too. The judge will then decide whether or not to...
If you cannot just fire the caregiver,ort if she won't leave and no one in your family will help you, then you can ask the court for help.
A court can grant a Restraining Order for Elder Abuse. You start by asking for a Temporary Restraining Order at the court house, then, if it is granted, it lasts for three weeks until you actually meet the judge so that both parties can explain the situation to the judge; the caregiver will be there too. The judge will then decide whether or not to...
Q: Is it elder abuse if my former landord refuses to refund my security deposit?
Jeffrey Louis Gaffney's answer
It certainly can be elder abuse, but you would have to prove bad faith by the landlord. Is it possible that you don't get your deposit back for legitimate reasons? If the landlord is just a crook, then I am afraid you may just have to sue to get it back.
Try calling the Tenants Rights hotline for help: (888) 495-8020.
The definition of elder financial abuse in California is:
“Financial abuse” Under Cal. Pen. Code 15610.30 – Financial abuse" of an
elder...
It certainly can be elder abuse, but you would have to prove bad faith by the landlord. Is it possible that you don't get your deposit back for legitimate reasons? If the landlord is just a crook, then I am afraid you may just have to sue to get it back.
Try calling the Tenants Rights hotline for help: (888) 495-8020.
The definition of elder financial abuse in California is:
“Financial abuse” Under Cal. Pen. Code 15610.30 – Financial abuse" of an
elder...
Q: ....can I write on top MotionNotice & Motion on one paper? And how many requests can i ask court to do per motion?
Richard Samuel Price's answer
There is a judicial counsel for to petition the court to withdraw funds from a blocked account: Judicial Counsel Form MC-357. You must also file an order to withdraw funds from a blocked account: Judicial Counsel Form MC-358. When you file this petition and order, you can only ask the court to withdraw funds from a blocked account, not any other motions.
There is a judicial counsel for to petition the court to withdraw funds from a blocked account: Judicial Counsel Form MC-357. You must also file an order to withdraw funds from a blocked account: Judicial Counsel Form MC-358. When you file this petition and order, you can only ask the court to withdraw funds from a blocked account, not any other motions.
Q: uc davis had an internal investagation over my stay (68days_), then when results came they refused to give copies to me
2 Answers
| Asked
in
Personal Injury, Elder Law, Health Care Law and Medical Malpractice
for
California
on
Answered on Mar 26, 2019
Answered on Mar 26, 2019
William John Light's answer
You are entitled to your medical records. You are not entitled to the internal investigation.
You are entitled to your medical records. You are not entitled to the internal investigation.
Q: Re: probate court in LA, Ca what's the difference of filling a Petition/ Motion ?
1 Answer
| Asked
in
Consumer Law, Elder Law, Nursing Home Abuse and Probate
for
California
on
Answered on Mar 25, 2019
Answered on Mar 25, 2019
Richard Samuel Price's answer
A petition is the first document filed with the court that initiates a probate case. It is like a complaint in a civil case.
A motion is filed within a probate case that seeks some specific relief.
A petition is the first document filed with the court that initiates a probate case. It is like a complaint in a civil case.
A motion is filed within a probate case that seeks some specific relief.
Q: How do I best give (or sell for a nominal amount) my house to one of my daughters?
2 Answers
| Asked
in
Estate Planning, Real Estate Law, Tax Law and Elder Law
for
California
on
Answered on Mar 19, 2019
Answered on Mar 19, 2019
Sally Bergman's answer
I recommend you talk with an Elder Law Attorney as you raise many important issues very specific to elder law.
I recommend you talk with an Elder Law Attorney as you raise many important issues very specific to elder law.
Q: My father died in 2007 had no will. My sister is excutor of rhe estate. The court ordee for approval of final distributo
Richard Samuel Price's answer
What was distributed according to the order for final distribution? If it was real estate, then recording the order transferred the property to you. Was the estate solvent? If it was insolvent, then there wouldn't be any property to distribute to the heirs. There are a lot more questions that are left unanswered. Did you sign a quitclaim deed transferring your interest in the property to your sister? You should bring the order for final distribution and quitclaim deed to a local attorney...
What was distributed according to the order for final distribution? If it was real estate, then recording the order transferred the property to you. Was the estate solvent? If it was insolvent, then there wouldn't be any property to distribute to the heirs. There are a lot more questions that are left unanswered. Did you sign a quitclaim deed transferring your interest in the property to your sister? You should bring the order for final distribution and quitclaim deed to a local attorney...
Q: My sister has Alzheimer’s and has been in a Memory Care facility for six years I have Conservatorship.
1 Answer
| Asked
in
Family Law, Health Care Law and Elder Law
for
California
on
Answered on Mar 5, 2019
Answered on Mar 5, 2019
Jeffrey Louis Gaffney's answer
She should be safe there. The rules for evicting someone from nursing care are pretty strict. As long as she (or her family or conservator) are working with the facility to get her on Medi-Cal, there should be no problem. If the facility does not take Medi-Cal though, then there will be problems.
The lesson to take away is that Medi-Cal planning needs to be done years before you need it. If you can put your assets into the right kind of trust, then you will qualify for Medi-Cal and...
She should be safe there. The rules for evicting someone from nursing care are pretty strict. As long as she (or her family or conservator) are working with the facility to get her on Medi-Cal, there should be no problem. If the facility does not take Medi-Cal though, then there will be problems.
The lesson to take away is that Medi-Cal planning needs to be done years before you need it. If you can put your assets into the right kind of trust, then you will qualify for Medi-Cal and...
Q: Can a trustee/attorney refuse to send copies of documents that I signed? Have requested copies and they keep asking why.
1 Answer
| Asked
in
Estate Planning, Family Law and Elder Law
for
California
on
Answered on Mar 5, 2019
Answered on Mar 5, 2019
Greg Freeze's answer
If the attorney was acting as your attorney, you can ask for the entire file. By entire file, I referring to all documents, whether the documents span multiple folders or what have you. That's just a duty an attorney has. Normally, it comes with a request to transfer the files to a different attorney.
I've never charged for sending files, but I'm sure there is some statute in California that supports the notion of paying costs for making copies.
But, if he wasn't your...
If the attorney was acting as your attorney, you can ask for the entire file. By entire file, I referring to all documents, whether the documents span multiple folders or what have you. That's just a duty an attorney has. Normally, it comes with a request to transfer the files to a different attorney.
I've never charged for sending files, but I'm sure there is some statute in California that supports the notion of paying costs for making copies.
But, if he wasn't your...
Q: Caretaker had affidavit. Does that give her rights to my moms bank accounts and safe deposit box and jewels etc?
1 Answer
| Asked
in
Banking, Estate Planning and Elder Law
for
California
on
Answered on Mar 5, 2019
Answered on Mar 5, 2019
Greg Freeze's answer
You may be referring to what attorneys often call a Small Estate Affidavit ("SEA"). If an SEA is made fraudulently, there can be consequences as set out in Cal. Prob. Code § 13110. But you need to hurry to a local attorney because you may have already "blown" the statute of limitations.
The statute of limitations is three years. "An action to impose liability under this section is forever barred three years after the affidavit or declaration is presented under this chapter to the...
You may be referring to what attorneys often call a Small Estate Affidavit ("SEA"). If an SEA is made fraudulently, there can be consequences as set out in Cal. Prob. Code § 13110. But you need to hurry to a local attorney because you may have already "blown" the statute of limitations.
The statute of limitations is three years. "An action to impose liability under this section is forever barred three years after the affidavit or declaration is presented under this chapter to the...
Q: Can a trustee sell property of the estate to a beneficiary privately at under market value?
2 Answers
| Asked
in
Estate Planning, Real Estate Law and Elder Law
for
California
on
Answered on Mar 1, 2019
Answered on Mar 1, 2019
Jeffrey Louis Gaffney's answer
This is absolutely not allowed.
A trustee has the duty to treat all beneficiaries fairly and equally, and to protect the assets of the trust. This sounds like the trustee violated both of these tenets.
If the trustee is not doing his duties, you will probably need to ask a judge to remove and replace him.
The trust may have a Trust Protector who can step in and do this for you. Not all trusts use this, but the Trust Protector is a person assigned to be a back door...
This is absolutely not allowed.
A trustee has the duty to treat all beneficiaries fairly and equally, and to protect the assets of the trust. This sounds like the trustee violated both of these tenets.
If the trustee is not doing his duties, you will probably need to ask a judge to remove and replace him.
The trust may have a Trust Protector who can step in and do this for you. Not all trusts use this, but the Trust Protector is a person assigned to be a back door...
Q: Can my mother's husband's adult kids take property that's in her name from her through POA?
1 Answer
| Asked
in
Estate Planning, Family Law, Elder Law and Probate
for
California
on
Answered on Feb 3, 2019
Answered on Feb 3, 2019
Richard Samuel Price's answer
A power of attorney only allows the agent to make financial transactions for the principal, and it terminates at the death of the principal. Your mother's husband's will and how the assets are held will determine who gets the assets at his death, not his power of attorney.
A power of attorney only allows the agent to make financial transactions for the principal, and it terminates at the death of the principal. Your mother's husband's will and how the assets are held will determine who gets the assets at his death, not his power of attorney.
Q: California Trustee has stopped all gifting to relatives, despite long history of gifting before dementia. What to do?
Jeffrey Louis Gaffney's answer
The answer is in the Trust itself. The Trustee is obligated to follow the instructions of the Trust.
The Trustee may not have any choice about making the gifts. At the death of the Uncle, the Trust may have become irrevocable with instructions about the Aunt if she becomes a Special Needs person, with severe limits about what the Trustee can do with the money. The Trustee may just be worried there isn't enough money left to care for Auntie.
If the Aunt is still able to...
The answer is in the Trust itself. The Trustee is obligated to follow the instructions of the Trust.
The Trustee may not have any choice about making the gifts. At the death of the Uncle, the Trust may have become irrevocable with instructions about the Aunt if she becomes a Special Needs person, with severe limits about what the Trustee can do with the money. The Trustee may just be worried there isn't enough money left to care for Auntie.
If the Aunt is still able to...
Q: hi my name is tanya i take care of an 88 year old women. her daughter pays all her bills. i suspect fraud with sister
Gerald Barry Dorfman's answer
You do not need a lawyer in order to report suspected elder abuse. For Alameda County, see the webpage at: https://www.alamedasocialservices.org/public/services/elders_and_disabled_adults/protective_services.cfm or else just call 510-577-3500
You do not need a lawyer in order to report suspected elder abuse. For Alameda County, see the webpage at: https://www.alamedasocialservices.org/public/services/elders_and_disabled_adults/protective_services.cfm or else just call 510-577-3500
Q: Is there a conflict of interest when a lawyer supports beneficiaries' efforts to dissolve his clients' irrevocable trust
1 Answer
| Asked
in
Estate Planning, Elder Law and Legal Malpractice
for
California
on
Answered on Dec 31, 2018
Answered on Dec 31, 2018
Joel Gary Selik's answer
Yes there is a conflict of interest, but it is the transferring of the asset that is the most immediate serious issue.
Yes there is a conflict of interest, but it is the transferring of the asset that is the most immediate serious issue.
Q: Can POA be legally signed after a stroke affected half brain & paralyzed left hand for my son Great G-Mom to sign?
2 Answers
| Asked
in
Estate Planning, Elder Law and Probate
for
California
on
Answered on Dec 27, 2018
Answered on Dec 27, 2018
Richard Samuel Price's answer
Someone that signs a POA must have mental capacity. Although California law presumes that someone has mental capacity, certainly under these facts there is a doubt as to whether she had the required mental capacity. You can file for a conservatorship or sue to invalidate the POA. Unfortunately, most if not all of your options will require litigation. You need an attorney.
Someone that signs a POA must have mental capacity. Although California law presumes that someone has mental capacity, certainly under these facts there is a doubt as to whether she had the required mental capacity. You can file for a conservatorship or sue to invalidate the POA. Unfortunately, most if not all of your options will require litigation. You need an attorney.
Q: Good Morning My father I see has been taken advantage by my brother and I'm in need of your advice.
1 Answer
| Asked
in
Criminal Law, Estate Planning, Family Law and Elder Law
for
California
on
Answered on Dec 10, 2018
Answered on Dec 10, 2018
Dale S. Gribow's answer
More information is needed to fully understand the facts and to give an accurate answer.
However, you are always best advised to retain a LOCAL lawyer. What city are you all in? In other words, you do not hire an LA lawyer for a case in Palm Springs or OC and visa versa...
This may be Elder Abuse but further info would be necessary....and it is not my area of law.
Is your dad competent to share the facts with a lawyer? Does he have any proof?
More information is needed to fully understand the facts and to give an accurate answer.
However, you are always best advised to retain a LOCAL lawyer. What city are you all in? In other words, you do not hire an LA lawyer for a case in Palm Springs or OC and visa versa...
This may be Elder Abuse but further info would be necessary....and it is not my area of law.
Is your dad competent to share the facts with a lawyer? Does he have any proof?
Q: Can the sell of a property be rescinded if an ivalid P O A was used and the buyer is not a bona fide purchaser?
Sally Bergman's answer
Very likely yes, you can rescind, but it will not necessarily be an easy or inexpensive process if your brother, broker and the purchaser do not agree with you. For certain, you need to retain the services of a trust and estates litigation attorney and the sooner you do that, the better.
Very likely yes, you can rescind, but it will not necessarily be an easy or inexpensive process if your brother, broker and the purchaser do not agree with you. For certain, you need to retain the services of a trust and estates litigation attorney and the sooner you do that, the better.
Q: How can I rescind the sell of a property?
1 Answer
| Asked
in
Civil Litigation, Contracts, Elder Law and Probate
for
California
on
Answered on Dec 6, 2018
Answered on Dec 6, 2018
Bruce Adrian Last's answer
Dear Los Angeles:
If what you say is true, that your Brother had you Mother sign a Power of Attorney knowing that your Mother lacked capacity, then this is a serious matter indeed. Particularly if there is an "inside" deal involved. The issues is that your Mother, as the property owner, holds the cause of action which her conservator would bring on her behalf. (Or, if there is no conservator, the court can appoint a guardian ad litem.)
You should consult with an attorney right...
Dear Los Angeles:
If what you say is true, that your Brother had you Mother sign a Power of Attorney knowing that your Mother lacked capacity, then this is a serious matter indeed. Particularly if there is an "inside" deal involved. The issues is that your Mother, as the property owner, holds the cause of action which her conservator would bring on her behalf. (Or, if there is no conservator, the court can appoint a guardian ad litem.)
You should consult with an attorney right...
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
