Get free answers to your Elder Law legal questions from lawyers in your area.
I have a durable poa for my father in law and his grandson has medical poa. He put my father in law in an assisted living home and is paying by writing check from his social security checks every month. I did not know or approve of this procedure ans from what i understand i am supposed to agree... View More 
answered on Oct 14, 2020
If you are not pleased with the situation, you need to file for a conservatorship, either of the person or property of your F-I-L. It isn't an easy procedure, you will need a Guardianship/Conservatorship/estate attorney. This will give the Court jurisdiction over the way father's social... View More
My father still has a small mortgage on the home. He already has a Will and Durable POA. He is interested in creating a mechanism such as a living trust by which his home and minivan can be transferred to me as his sole heir without the necessity of the property going through probate. His Will... View More
answered on Sep 25, 2020
I'm not familiar with Arizona laws. A quick internet search reveals that Arizona has a form for beneficiary designation of automobiles. Please refer to the link below.
https://apps.azdot.gov/files/mvd/mvd-forms-lib/96-0561.pdf
Jonathan Purcell is a California Attorney. This... View More
I'm a caregiver in an assisted living facility. Back in July 2020, one of the residents (in her 80's) mentioned about her vacant home and asked me if I wanted to lease it. I answered yes but told her my current lease ends November 30, 2020. She said her friend (her trust administrator)... View More
answered on Sep 19, 2020
Because of your position as a caregiver, any transaction that you have with one of your charges will have, at least, an "appearance" of impropriety or overreaching by you. This is whether the transaction is in fact, disadvantageous to the charge or not. On the other hand, if you are... View More
In Northern Calif. My name is on her lease for emergency, next of kin, and also it grants me access to her apt if & when needed. She gave me her keys. She has taken a turn for the worse. I need to clear out her apt, but mgmt won't let me in unless they get paperwork showing my mom... View More
answered on Sep 4, 2020
Best wishes to your mom. Start with getting a letter from her M.D. stating that she has suffered a stroke, is suffering from COVID and cannot make decisions for herself. They probably want to cover their asses rather than cause you grief. I assume that you do not have a Health Care POA. You... View More
My sister removed mother from senior living without notification, blocked my number, won’t let my mother see me, speak to me. I believe she is isolating her and then leaving her alone just to cash her social security. She claims COVID-19, but this started before and my mother has been seen in... View More
answered on Aug 21, 2020
First, this is not really Family Law, it is Conservatorship/ Elder abuse law, and you need to repost so those attorneys get an email showing this question. IMO you need to file for a Conservatorship of your mom. You can search for an attorney that deals in Conservatorship/Guardianship on this... View More
answered on Aug 8, 2020
In which California County are you located? I assume this is a criminal elder abuse matter? Please provide more information
answered on Jun 29, 2020
Sorry for your loss. This is really not a "Family law" issue or "criminal law" issue unless your family member was a nurse or M.D. This may be an "Elder abuse" situation and it may be a "wrongful death" which is a category of personal injury actions. As his... View More
Father had a catheter due to peeing blood
Some kidney problems, she was the only one caregiver contacted ever !
My sister borrowed 6 thousand from my father at that time his care had to reduced from 3 to 2 days . I was unaware of so much I feel she deliberately alienated him... View More
answered on Jun 29, 2020
Sorry for your loss. This is really not a "Family law" issue or "health care" issue unless your SS was a nurse or M.D. This may be an "Elder abuse" situation and it may be a "wrongful death" which is a category of personal injury actions. As his heir, you... View More
And now his arrogant, mean, hateful ex wife is doing all kinds of illegal things to me. Like changing all the locks to everything and only giving me 1 key to 1 door. And now they've completely locked me out of the garage where all of my electrical and carpentry tools and materials are located?... View More
answered on Jun 29, 2020
Your "gentleman's agreement" is only worth the paper it is written on. However, your LL is not allowed to commit "Forcible Entry" under CCP 1159 or 'Forcible detainer" under CCP 1160. These things include changing locks to exclude you from real property that you... View More
And now his arrogant, mean, hateful ex wife is doing all kinds of illegal things to me. Like changing all the locks to everything and only giving me 1 key to 1 door. And now they've completely locked me out of the garage where all of my electrical and carpentry tools and materials are located?... View More
answered on Jun 29, 2020
Your "gentleman's agreement" is only worth the paper it is written on. However, your LL is not allowed to commit "Forcible Entry" under CCP 1159 or 'Forcible detainer" under CCP 1160. These things include changing locks to exclude you from real property that you... View More
We contested the personal and financial conservatorship of my mother. During the hearing, our court appointed public defender who spoke to my mother once, without me, totally made the case for the other side. Her speech definitely convinced the judge to grant conservatorship. She did not represent... View More
answered on Jun 25, 2020
Your experience is not unusual. It’s not the job of the public defender to contest the conservatorship in all instances, especially if it’s clear to the PD that the need for a conservatorship exists based on personal observation, a review of a doctor’s capacity declaration, interviews with... View More
in riverside they are claiming listening devices and spiritual eyes from a certain church that they can see in my home and they have probable cause to watch,as well they are monitoring my bank and finances and they left drugs in my home i reported this to police by giving them the bag of meth...i... View More
answered on Jun 10, 2020
More information is needed in order to respond to your inquiry. Any lawyer would need the full context of what you are talking about. The few details you have provided are insufficient to permit me to offer any kind of reasonable advice. Prepare a full chronology of the events starting at the... View More
County is trying to put my mother in a home and take our family estate by court order conservatorship. Temporary conservatorship granted. Hearing for permanent is on June 24th. I am at loss as to what to do. They have provided no understandable explanation as to details, although I have requested... View More
answered on Jun 8, 2020
They can’t take the property away from you if that’s what you’re wondering. Mom has a partial ownership interest in the property and so do you. The court can’t take away your interest in your home without affording you due process of law (notice and a hearing). A conservator could... View More
Hello,
I am 64yo was in a hospital being treated for intestinal issues for a few days by an Internal Medicine MD I do not know and barely spoke with and today the nurse came in my room to give me medications which included four new capsules. I found out they were anti-depressants and they... View More
answered on May 18, 2020
You are not required to take any medications you have not first discussed with a physician. Also, if the antidepressants were not prescribed by a treating psychiatrist, I would seriously question why they were prescribed and for what symptoms, and what diagnosis justifies the prescription.... View More
I anticipate issues with my siblings over my parents' estate, specifically one of them influencing my mother to change their will to exclude me if my father predeceases her. But if the will were to be read after he passed away (if he were to pass first) at least we would know his intentions... View More
answered on May 12, 2020
Most modern estate plans use a trust instead of will to transfer assets at death.
Jonathan Purcell is a California Attorney. This posting does not create any attorney-client relationship. The information presented here is general in nature and is not intended nor should be construed as... View More
We are living on the property, Still renovating the house and it may not be habitable for some time. Does placed-in-service apply to us? We need the credit for 2019, as we no longer have income for 2020.
answered on May 5, 2020
If you bought the fixer in 2019 and either contracted for solar in that tax year or had it installed that year you can probably deduct it in you 2019 taxes (I say "probably" because I have not read the controlling statute or the contract).
My mother has alzheimer's and wanders out of her yard into the neighborhood but my father is in denial about her condition and puts her in dangerous situations. He refuses any help from the family. Is there a way where my brother or I could get legal guardianship over my mother?
answered on Apr 24, 2020
You can apply for conservatorship, but should consult a professional in that area as they can be complicated matters in certain situations.
Had been in a Skilled Nursing Facility since the injury. But currently in Kindred Hospital Ontario. Waitng to be transferred back to Inland Valley Care in Pomona. Hopong to get him transferred to Lancaster, to be closer to home. He's receiving Military pension, VA Disability and Social... View More
answered on Mar 18, 2020
Conservatorships come in two types: the person and the estate.
Conservatorship of the person allows you to make medical and personal decisions. Conservatorship of the estate allows you to handle his finances. Both take a few months to get (add an extra couple months due to the Corona... View More
Was the contact and his emergency contact for him when in hospital. He was hospitalized since September 2019 & found out he had lung cancer as well as other GI problems. Went home on his birthday January 31st. He was getting stronger but I got sick and was unable to see him. Then I got busy... View More
answered on Mar 11, 2020
No.
I am sorry but last wishes must be in writing, ether handwritten and signed or typed and witnessed.
Any assets that he left behind belong to his creditors and his family (even if they cannot be found). Eventually some asset search company will find this abandoned money and look... View More
My husband is suffering from cognitive decline and has lost almost everything. His employees and ex business partner have stolen so much from us.
answered on Mar 10, 2020
It depends on what you need. The Legal Aid Society and other agencies have free conservatorship clinics (I volunteer at the San Diego one); Google around. They normally only will do conservatorship of the Person, which gives you the right to run that person's life and medical decisions.... View More
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.
