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 »
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.
I live in PA, my mother lives in CA with my sister.
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 »
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).
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 »
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... Read more »
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 »
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... Read more »
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.
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... Read more »
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 »
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 »
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 »
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 »
I have not had any contact with the police department and about 25 years
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.
My father has Dementia and does not want his house sold..his wife's family listed it without his knowledge
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 »
I'm doing estate planning. If she dies, and I become incapacitated, who decides that I am? And how would that decision be made?
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.
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 »
No. You have no liability for events prior to you taking over.
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 »
Contact your local Adult Protective Services office and also hire a different attorney.
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 »
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 »
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.
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... Read more »
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!
more info needed.
consult with a real estate lawyer asap.
Do I need to do conservitership, at what time and for what reason since we are her natural parents?
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 »
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.
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.
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 »
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... Read more »
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 »
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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