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California Elder Law Questions & Answers
1 Answer | Asked in Criminal Law, Elder Law and Landlord - Tenant for California on
Q: I am trying to prove that my speedy trial right has been violated. I have a lawyer whom I have zero confidence in.

the DA has filed charges on me. (charges are false but the DA doesn't know that) what am I suppose to do to clear myself?

Dale S. Gribow
Dale S. Gribow
answered on Jan 20, 2023

you either request a new attorney (if appt'd)............

and/or set up an appt with your lawyer to share your concerns.

1 Answer | Asked in Estate Planning and Elder Law for California on
Q: Parent declared " unable to direct personal and financial affairs.

Parents creates a DPOA.

Later on in life 2 doctors state in writing "unable to direct personal and financial affairs."

Later, parent tells other child " can you help me remove her as DPOA." Because parent and DPOA had arguement about healthcare.

Sibling... Read more »

Joshua D. Brysk
Joshua D. Brysk PRO label
answered on Jan 19, 2023

If the parent needs protection to avoid others taking advantage, the best course is a conservatorship. The conservatorship will supplant any powers of attorney and provide additional powers to the conservator. Otherwise, you can litigate to invalidate any new DPOAs on the basis of incapacity.

1 Answer | Asked in Domestic Violence and Elder Law for California on
Q: I was falsely accused of elder abuse

My family has been falsely accused of abusing our 94-year-old mom (she is bedridden and has moderate dementia). We believe that one of mom's caregivers raised the accusations because we were not happy with her work and let her go. But we don't know for sure.

Two LAPD officers came... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Jan 17, 2023

you can call the police...however, i doubt if they would cooperate with you.

if case is closed, then it is closed.

if you have concerns look up local criminal lawyer on this site from LA

2 Answers | Asked in Elder Law, Estate Planning and Health Care Law for California on
Q: I am 80 yrs old and without friends, family, or church to see to my last wishes when the time comes. Do lawyers do that?

No doctor either. I"m with Kaiser Permanente and their doctors don't keep track of what patients they have. I have a will but no one to carry out any end of life wishes.

Tim Akpinar
Tim Akpinar
answered on Jan 7, 2023

A California attorney could advise best, but your question remains open for two weeks. Yes, lawyers do handle such matters. Your question probably went unnoticed in the general Uncategorized heading. There are lawyers who work with living wills, DNRs, and related issues. You could repost your... Read more »

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1 Answer | Asked in Elder Law and Health Care Law for California on
Q: DPOA documents from Another State- does California have to obide

My dad lives in another state. I am his DPOA for healthcare, financial and numerous other items. I am his healthcare proxy,also.

We have a letter signed by doctor that Dad should not be making his own financial or personal decisions.

The medical personnel Ca is stating that this... Read more »

Adam Stoddard
Adam Stoddard
answered on Jan 5, 2023

Generally, a DPOA that is valid when executed (in any state) will remain valid even if you move to another state; however, it is still a good idea to execute a DPOA in the new state. Typically a DPOA is for financial decisions, not medical.

You should probably look into a Durable Power of...
Read more »

1 Answer | Asked in Civil Rights, Domestic Violence and Elder Law for California on
Q: APS worker refused to provide ADA accommodation for me being blind and refused address Power of Attorney abuse..

The APS worker then told everything to my abuser and told the abuser to record me, because I am making false accusations. But I didn't,, the APS worker refused to to help me make copies of the documents I needed to give her and yelled at me when I asked for someone who is trauma-informed,... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Dec 31, 2022

MORE INFO IS NEEDED.

This doesn't sound like a run of the mill DV case.

1 Answer | Asked in Elder Law for California on
Q: Hi I'm looking for someone to read some legal paper work my mom nursing home wants me to sign

My mom is able to sign paper work due to a stroke from COVID-19 in February 2022 her nursing home wants me to sign paper work I don't understand

Adam Stoddard
Adam Stoddard
answered on Dec 19, 2022

I would imagine the paperwork is standard admission documents, financial documents, and likely advanced care directive documents. If your mom is going into a nursing home and had a stroke, you should likely setup a trust or will if you have not already for her, and you should probably work on... Read more »

1 Answer | Asked in Elder Law for California on
Q: Lawyer dropped my case. For non payment. I have court Jan. 6 2023. I Don't know what to do

Mom is sick. Brother has been taking money, lying about funds, had her will changed and causing mom to be depressed.I Am 63& don't have any more money to pay my lawyer..

Adam Stoddard
Adam Stoddard
answered on Dec 14, 2022

You should go to Court on January 6, 2023 and speak to the judge. You should be paying your lawyer. No one is going to work for free on your case.

1 Answer | Asked in Criminal Law, Civil Litigation, Elder Law, Wrongful Death and Probate for California on
Q: My mother was killed premeditatively by her Temporary Conservator, A California Licensed Private Fiduciary and my sister

This just happened on Thanksgiving Day and I need urgent help. They are Anxiously trying to cremate my mother's body and are awaiting a death certificate from Placer County to proceed, even without a Funeral Service!!!

There are so many red flags in this case, and this all developed... Read more »

William John Light
William John Light
answered on Dec 8, 2022

Attorneys do not bring people to justice for murder, unless they are district attorneys. You need to bring your concerns to the police or sheriff's department in the jurisdiction where the suspicious conduct occurred. A proper investigation can be done, if warranted.

In addition,...
Read more »

1 Answer | Asked in Personal Injury, Elder Law and Libel & Slander for California on
Q: Can I sue my grandson’s mother for harmful lies she tells about me? She is trying to alienate me from my grandson.

My grandsons mother has alienated my son. Now she is beginning the hateful vicious lies about me. I am 66 years old. My grandson and I have a very close bond. He loves his grandma and I love him. His mother doesn’t seem to care about the abuse she is causing to her son

She does not... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Dec 5, 2022

Yes, anyone can sue for anything at any time.

The issue, in my opinion, is whether you can find a lawyer to accept the case on a contingency. That means the lawyer would not get paid unless the case settles/goes to trial with a verdict for you.

I think you will have a difficult time...
Read more »

1 Answer | Asked in Elder Law, Employment Law and Health Care Law for California on
Q: I work at a SNF facility that assigns NOC shift CNAs 20-28 residents to care for in an 8-hour shift, is this legal?

I have worked at multiple SNF facilities (Post-Acute care, LTC STC) that assign 20-28 residents in an 8-hour NOC shift or 10 residents in an 8-hour PM shift to one CNA. Many need incontinence, toileting, feeding, bathing, & hygiene care assistance, fall risk monitoring & pain management,... Read more »

Sally Bergman
Sally Bergman
answered on Dec 1, 2022

As an attorney whose practice focuses on older adults, this is very disturbing to hear reports like this. I would suggest you call California Advocates for Nursing Home Reform (CANHR.ORG) at 800-474-1116. They're a non-profit that advocates for older adults, particularly those in... Read more »

1 Answer | Asked in Landlord - Tenant and Elder Law for California on
Q: I am 67yrs old and I have been currently renting a mobile home located in a 55+ mobile home estate park, for the last 15

…mos. I’ve never been late paying rent, on October 10th this year I received a 60dy notice to quit by way of being taped to the door knob of my back door, it was no cause no cause without reason. What to do?

Adam Stoddard
Adam Stoddard
answered on Nov 10, 2022

You should refer to the terms of your lease agreement. There are likely terms in the lease agreement that allow either party the opportunity to terminate the lease without any cause with prior notice.

1 Answer | Asked in Elder Law for California on
Q: Elder financial fraud: Uncle was coerced into signing for a car loan.

Elder uncle Carlos' granddaughter, coerced him into signing an auto loan while he was in severe pain and not in his right mind at the time. Her name was not added to the loan, but she took possession of the vehicle. Carlos' credit is pristine, but financially does not qualify for any... Read more »

Adam Stoddard
Adam Stoddard
answered on Nov 3, 2022

Financial Elder abuse is found under Welfare and Institutions Code Section 15610.30, et seq. It is unclear from your description, but it sounds like Karla used your uncle, Carlos, to obtain a car from a dealership, then Karla took the vehicle and did not pay the monthly loan, but rather Carlos was... Read more »

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
PREMIUM
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 »

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