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...
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
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.
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...
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...
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.
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...
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.
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.
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
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.
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.
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.)
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