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I live in PA, my mother lives in CA with my sister.
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... View More 
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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).
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... View More
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... View 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... View More
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... View 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.
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... View 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??... View More
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... View 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... View More
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... View More
I have not had any contact with the police department and about 25 years
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.
My father has Dementia and does not want his house sold..his wife's family listed it without his knowledge
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,... View 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?
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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.
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... View More
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answered on Oct 5, 2019
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... View More
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answered on Oct 5, 2019
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... View More
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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... View 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.
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... View 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!
Do I need to do conservitership, at what time and for what reason since we are her natural parents?
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... View 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.
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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.
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... View More
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... View 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... View More
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... View More
She is selling a house that is willed to me. i know she is steeling assets i have not had an accounting of the trust since she took it over can i do anything i can only afford a few thousand dollars.
I would also like more info so i can do my own will at one time the estate was worth more... View More
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answered on Aug 27, 2019
Your sister cannot change your mother’s will.
If you suspect that your sister is mishandling your mother’s affairs find a trust litigation attorney in your area to talk about filing a petition to have her removed as trustee if you have sufficient proof that she is stealing assets.
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