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California Elder Law Questions & Answers
2 Answers | Asked in Estate Planning and Elder Law for California on
Q: Per California law, does my sister have to complete an advance directive at the same time she signs a power of attorney?

My sister is in a skilled nursing facility for rehabilitation due to a stroke she had in July 2019. I've been trying to work with the nursing home to have her sign a power of attorney. The administrator of the facility is telling me she has to do both a power of attorney and an advance directive... Read more »

James Edward Berge
James Edward Berge answered on Feb 24, 2020

An ombudsman is only needed for an advance health care directive, not a statutory power of attorney, if your sister is in a nursing home, and both can be executed at different times.

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1 Answer | Asked in Elder Law for California on
Q: My sister claims she has POA, that she won't show me, for my mom. I believe she is mismanaging funds. How can i get POA?

I live in PA, my mother lives in CA with my sister.

James Edward Berge
James Edward Berge answered on Feb 19, 2020

If it's true, your sister doesn't have to show you her power of attorney. If she uses it, she's only accountable to the principal, her mother. She's not required to use it. It's probably good that she has one, because it can help avoid the need for a probate conservatorship if your mom should... Read more »

1 Answer | Asked in Elder Law, Nursing Home Abuse and Probate for California on
Q: A 24-hour facility hurt my grandparent. Please restore justice and protect my grandparent ASAP.
Nina Whitehurst
Nina Whitehurst answered on Feb 16, 2020

There are attorneys who specialize in nursing home litigation. That is what you should be seeking. If that is not a category, then you can find one doing a search on DuckDuckGo.com (which doesn't track you the way g***le does).

1 Answer | Asked in Elder Law, Probate and Estate Planning for California on
Q: My Lola's (grandma's) youngest son claims to have POA, will not allow my Lola and me to be together, Please reunite us.

POA is not Conservatorship, they are abusing POA. My Lola is my Valentine every single day, to keep us apart is cruel. When she asks for me and they don't allow me to see her, that is cruel and elder abuse. I used to be my Lola's 24/7 live-in care provider since her kids and grandkids are deadbeats... Read more »

Jeffrey Louis Gaffney
Jeffrey Louis Gaffney answered on Feb 16, 2020

If you think she is being abused then you need to report this to Adult Protective Services in your County.

If you want to fix the problem of her being isolated from you, then you can ask for a Restraining Order for Elder Abuse. Isolating the elder from loved ones is considered abuse under...
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1 Answer | Asked in Domestic Violence and Elder Law for California on
Q: I have a question regarding filling out the Request for Elder Abuse Restraining Order Form EA-100.

On QUESTION 5A (Description of Protect Person) of form EA-100 it asks if the person SEEKING a restraining order "is 65 or older and a resident of California".

In this scenario, the person whom the protection is AGAINST (in QUESTION 2) lives in CALIFORNIA; however, the person SEEKING... Read more »

Jeffrey Louis Gaffney
Jeffrey Louis Gaffney answered on Feb 14, 2020

Your question isn't quite clear.

If the victim (protected person) is in California then that is good and the questions are mostly about them.

Are you saying that the person requesting an order to protect our California elder is in NV? That is OK then, but you have to file where...
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1 Answer | Asked in Employment Law, Elder Law and Employment Discrimination for California on
Q: My boss hired her babysitter with a high starting rate, and she let go 3 older than 40yrs old staff in our dept.

Can I file a complaint? If so, with who? i am under high stress working under her and the current situation isnt helping. HR knows and allowed it all to happen.

Neil Pedersen
Neil Pedersen answered on Jan 2, 2020

To start with, there is nothing unlawful about an employer hiring a friend or other person who the employer favors. Nepotism is alive and well in the workplace.

If you were not one of the older persons over 40 years old who were laid off, you have no standing to file a complaint. One of...
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1 Answer | Asked in Estate Planning, Elder Law and Probate for California on
Q: Can a non relative who was denied conservatorship amend petition nominating a paid fiduciary for conservator?

my fathers friend (dated briefly years ago, never been married) filed for conservatorship and her petition was denied. She then amended the petition nominating a paid professional fiduciary to be the conservator. Is this legal? Can a person with no standing nominate someone for conservator??... Read more »

James Edward Berge
James Edward Berge answered on Dec 9, 2019

If your petition was denied, it could have been due to either of the following reasons: failure to prove the need for the conservatorship, or lack of adequate standing. A non-relative generally has no standing to request a conservatorship of another, especially if a relative wants to be the... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Elder Law for California on
Q: Additional questions to: What is the cost of a POA in CA? My sister resides in CA, had a stroke in July, in rehab in CA.

Thank you for your previous answers. Ms. Whitehurst, what other "eventualities" are you referring to? And, Mr. Gaffney, so, is it necessary and/or advised to obtain a physician's letter stating she has "the mental capacity to understand what she is signing"? We are also awaiting approval for SSI... Read more »

Jeffrey Louis Gaffney
Jeffrey Louis Gaffney answered on Nov 14, 2019

If a person has some impairment, then you are right to worry that someone may later claim that they did not have the capacity to sign the document. We usually work the other way around (getting a doctor to say someone is incompetent), but I like your defensive thinking in making sure that she has... Read more »

2 Answers | Asked in Criminal Law, Civil Rights and Elder Law for California on
Q: How do I get my arrest record expunged it's a couple of misdemeanors, I have no felony.

I have not had any contact with the police department and about 25 years

Dale S. Gribow
Dale S. Gribow answered on Oct 30, 2019

AFTER ½ THE TERM OF PROBATION ORDERED BY THE COURT IS UP, (OTHER THAN A DUI) , you CAN FILE FOR EARLY TERMINATION AND EXPUNGE your record under 1203.4 PC.

HOWEVER, It is far from automatic based on a new law and is discretionary with the court.

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2 Answers | Asked in Elder Law for California on
Q: Can a home be sold without a joint owners agreement?

My father has Dementia and does not want his house sold..his wife's family listed it without his knowledge

Jeffrey Louis Gaffney
Jeffrey Louis Gaffney answered on Oct 23, 2019

Not without some authority granted to the other owner. She would need to hold a conservatorship of him from a court, or a Power of Attorney that he signed when he still had the capacity to do so. If the house was held in a Trust, then the Trust might grant her authority over the property,... Read more »

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3 Answers | Asked in Estate Planning, Civil Rights, Elder Law and Probate for California on
Q: I'm about to sign POAs with my daughter for both health care and asset management. I trust her. But if she dies...

I'm doing estate planning. If she dies, and I become incapacitated, who decides that I am? And how would that decision be made?

Nina Whitehurst
Nina Whitehurst answered on Oct 11, 2019

There is no one single correct answer to your question. These are issues that an experienced estate planning attorney can help you sort through in the process of preparing customized powers of attorney.

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1 Answer | Asked in Estate Planning, Family Law and Elder Law for California on
Q: Question as to my liability as named as successor trustee and named in springing durable power of attorney in 2008

In 2008, I was named in my parent’s estate planning docs mentioned above. In 2018, my parents had already had my sister caring for them. After a couple of years, she brought in other parties, all meth addicts, like her, to help her.My parent’s savings was depleted. APS was brought in and... Read more »

Nina Whitehurst
Nina Whitehurst answered on Oct 5, 2019

No. You have no liability for events prior to you taking over.

1 Answer | Asked in Elder Law, Nursing Home Abuse, Estate Planning and Probate for California on
Q: How do I present an effective ex-parte order so the judge will realize the abused and let me stay with her at nigh shif

My grandmas conservator is abusing her I have been watching her recklessly spend 200,000 plus dollars but mostly they have almost killed her. She over the past year has fallen many times . She has broken many bones. The latest fall fractured her hip in many places and broke her arm in half. I... Read more »

Nina Whitehurst
Nina Whitehurst answered on Oct 5, 2019

Contact your local Adult Protective Services office and also hire a different attorney.

2 Answers | Asked in Elder Law and Estate Planning for California on
Q: Have parent w/memory issues but won't go/talk to doctor for a diagnosis. How can we legally protect parent?

Parent can't remember where they are (at times) or how they got there. Incoherent conversation (mixes things up from the past & present or never happened). Threatens to leave and we won't be able to find them. Says ugly things to the family. Returns to familiar locations several times a week to... Read more »

Nina Whitehurst
Nina Whitehurst answered on Sep 26, 2019

If your parent did not previously sign a durable power of attorney and a medical power of attorney, then you are in the unfortunate situation in which you will need to go to court to have yourself appointed as your parent's conservator and guardian.

Don't do this to your own family (your...
Read more »

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1 Answer | Asked in Elder Law for California on
Q: How do I remove a conservator letting the telephone bill be unpaid resulting in it being turned off for 3 mos

2 of the 3 sisters are caretakers who have medical conservatorship but conservator has temporary financial conservatorship. Now the conservator wants to be made permanent.

Jeffrey Louis Gaffney
Jeffrey Louis Gaffney answered on Sep 19, 2019

Probate Code 2650 allows the court to remove a non-performing conservator "continued failure to perform the duties"). Any friend of relative can petition the court for this.

Certainly if the conservator wants an "upgrade" to their status, anyone involved can appear at the court hearing...
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3 Answers | Asked in Real Estate Law, Probate, Elder Law and Estate Planning for California on
Q: Can my grandmas Fadituary buy my grandmas property

I have noticed my grandmas fadituary now bought my grandmas property. Is this legal? this woman has almost killed my grandma destroyed her life now this!

Dale S. Gribow
Dale S. Gribow answered on Sep 19, 2019

more info needed.

consult with a real estate lawyer asap.

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1 Answer | Asked in Family Law, Elder Law, Health Care Law and Juvenile Law for California on
Q: I just went to a IEP for 13 old developmentally delayed told to find out on conservitership. Need help & answers.

Do I need to do conservitership, at what time and for what reason since we are her natural parents?

Jeffrey Louis Gaffney
Jeffrey Louis Gaffney answered on Sep 18, 2019

You do not need a conservatorship until the child turns 18. The conservatorship then will allow you to still continue to make all of their decisions for them as you care for them. The process takes 3 or 4 months so start early. Many places can provide you with help at that time; here in San... Read more »

1 Answer | Asked in Criminal Law, Arbitration / Mediation Law and Elder Law for California on
Q: We have evidence of elder financial abuse, self dealing, and perjury. What can we do?

This person, manipulated her father along with her husband, became POA, Caregiver and Trust executor. Self dealing, controlled all assists, withheld family from seeing their father.

Steve A. Buchwalter
Steve A. Buchwalter answered on Sep 15, 2019

I think you're in California. I would think you'd want to contact the Department of Adult Protective Services. There should be at least one office in each county. Then you should talk to a lawyer.

1 Answer | Asked in Personal Injury, Civil Litigation and Elder Law for California on
Q: What qualifies as a “dependent adult” in California?

Would a person on social security disability who has been diagnosed as permanently totally disabled due to mental illness (bipolar) and required to have a representative payee to manage their benefit payments on their behalf be considered a dependent adult?

This is regarding a wrongdoing... Read more »

Dale S. Gribow
Dale S. Gribow answered on Sep 11, 2019

Every case is unique and more information is needed to properly answer your query intelligently. In addition, you should NOT be discussing your case on an open forum like this.

It is always a good idea to contact a local attorney that handles these types of cases in the court where you...
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2 Answers | Asked in Elder Law for California on
Q: I have been left my grandfathers home in his will. I asked the city if I can file the document to be on record in person

They told me when there in person I did not need to. I am now reading that’s not true and I needed to file it within 30 days. One of his children of my aunt has filed for probate to be executor of estate, She knows I have his last will and testament but is ignoring it. The home is in process to... Read more »

Sally Bergman
Sally Bergman answered on Sep 9, 2019

If the property was solely in your grandfather's name, then the only way it can pass to anyone is through a probate action. If you are in possession of your grandfather's original will, it is your responsibility to "lodge" it with the Santa Clara County Clerk within 30 days. I don't see how the... Read more »

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