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I was denied being to see mother bc a h cake typed up a letter for power of attorney for my mother and had my youngest brother who she didn’t raise and didn’t trust sign it and which lead to me not being able to see her bc he said and not being able to get info for her services even after... View More 
answered on May 9, 2024
One of the key questions is whether a physician has opined that your mother no longer had sufficient mental capacity to understand what she was signing before she signed the power of attorney. People can lose their mental capacity from a legal standpoint years before death or never take place at... View More
I was denied being to see mother bc a h cake typed up a letter for power of attorney for my mother and had my youngest brother who she didn’t raise and didn’t trust sign it and which lead to me not being able to see her bc he said and not being able to get info for her services even after... View More
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answered on May 9, 2024
I'm so sorry to hear about your difficult situation with your mother's passing and the issues surrounding her power of attorney. A few key points:
1. Power of attorney (POA) is only valid while the person granting it is alive. Once the person passes away, the POA is no longer in... View More
I was denied being to see mother bc a h cake typed up a letter for power of attorney for my mother and had my youngest brother who she didn’t raise and didn’t trust sign it and which lead to me not being able to see her bc he said and not being able to get info for her services even after... View More
answered on May 9, 2024
There are many issues here and you may be best served by speaking with a qualified attorney. As you stated, a power of attorney only applies during the lifetime of the individual. It ceases effectiveness at death. Additionally, it seems that there may be questions regarding the individual's... View More
and rescission of will? I have proof with declarations to support my where abouts and reciepts to show where anymoney went. and the deceased left a will i didnt know about untill after his death. I transfered property by affdavit.
answered on May 12, 2024
Thank you for your question!
The underlying cause of action action against you is "Undue Influence." Quiet title, cancellation of deed, and rescission of will are remedies sight of the liability in the underlying cause of action is proven.
Sometimes attorneys argue that... View More
and rescission of will? I have proof with declarations to support my where abouts and reciepts to show where anymoney went. and the deceased left a will i didnt know about untill after his death. I transfered property by affdavit.
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answered on May 8, 2024
To defend yourself against wrongful allegations of undue influence, financial elder abuse, quiet title, deed cancellation, and rescission of a will under California law, consider the following steps:
1. Gather evidence: Collect all relevant documents, such as the deceased's will,... View More
I've been living with my brother's family in their house for almost ten years. We don't get along, so we always argue. They would not let me use some amenities in the house, like the washer, the fan and even the lights. They would slam doors when I'm sleeping on the couch (I... View More
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answered on May 4, 2024
As a tenant in California, you have certain rights protected under state law. However, the specific rights and legal options available to you may depend on the details of your living arrangement and the alleged elder abuse accusation.
Your rights as a tenant:
1. Habitable living... View More
My son was given financial POA to help me in July 2021. He sold my home in Stockton, CA for 1.75 million and reinvested in a property in Mesa AZ we could all live in together. BUT he put his wife on title and not me! I spent 3 mos. with them in AZ and was subjected to a LOT of verbal abuse and... View More
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answered on May 3, 2024
I'm so sorry to hear about the terrible situation you've been through with your son and his wife. What they have done is completely unacceptable - verbally abusing you, misusing the power of attorney to take control of your assets, and refusing to add you to the title of the Arizona... View More
My son was given financial POA to help me in July 2021. He sold my home in Stockton, CA for 1.75 million and reinvested in a property in Mesa AZ we could all live in together. BUT he put his wife on title and not me! I spent 3 mos. with them in AZ and was subjected to a LOT of verbal abuse and... View More
answered on May 3, 2024
Thank you for asking the question!
Under Elder Abuse and Dependants Adult Civil Protection ACT (EADACPA), when there is a finding of "financial abuse," a deed converting title to real property executed by an elder (older than 65 year old) or dependent adult may be subject to... View More
I was granted an elder abuse restraining order the person that the restraining order was for was in the court and handed the restraining order by the bailiff there was a court order for her to return all my belongings she never returned nothing so I got this restraining order in family law Court... View More
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answered on Apr 20, 2024
Based on the information you provided, it seems that the person against whom you obtained an elder abuse restraining order has violated the order by not returning your belongings as required by the court. In this situation, you may consider the following steps:
1. PC 273.6: This is the... View More
Plot with me. His heirs have listed our homes for sale. Many unknown people are videotaping all around our homes. I’m totally disabled and am frightened by these strangers constantly being around. What rights do I have ? Thank you
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answered on Apr 13, 2024
As a long-term tenant in California, you have certain rights that protect you even when the property ownership changes hands. Here are a few key points to consider:
1. Just Cause Eviction: Under the California Tenant Protection Act (AB 1482), if you have lived in the property for more than... View More
Will a letter of intent work for personal items, manuscript, etc instead of a will? Would a make your own will work, what form/doc is needed? Or does one need to go through a do your own legal office? Price? OR make some kind of real, more expensive will. IS lawyer needed? Due to no family what... View More
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answered on Mar 26, 2024
In California, if you pass away without a will (intestate), your assets are distributed according to state laws, which typically means your closest relatives will inherit. However, if you have no family, your estate may escheat, or revert, to the state. Personal items, manuscripts, and artworks... View More
Will a letter of intent work for personal items, manuscript, etc instead of a will? Would a make your own will work, what form/doc is needed? Or does one need to go through a do your own legal office? Price? OR make some kind of real, more expensive will. IS lawyer needed? Due to no family what... View More
answered on Mar 26, 2024
It is highly recommended that you have either a will or a living trust in place to transfer assets after passing. A will must be probated through the courts, so a living trust is another option which allows you to bypass probate if set up properly. What documentation you need is highly dependent... View More
There are two houses on the property. My parents are in one and tenants in another with a three-year lease but a 5-year rent freeze (ends Nov 1). My mom was disabled, and then my dad was injured, which cascaded into living in a wheelchair with dementia. They had to be moved into assisted living... View More
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answered on Mar 26, 2024
In California, tenants have certain rights under lease agreements, which are legally binding contracts between landlords and tenants. If your parents' tenants have a three-year lease, they are generally protected from eviction until that lease expires, barring violations of the lease terms.... View More
My grandfather was diagnosed with mesothelioma about a month ago, and before that he was living with his 90 yr old 'girlfriend' out in Hemet. His house is in San Bernardino, his doctors are here, hospital, everything. So he came back home to live with us so I, his 22 yr old granddaughter,... View More
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answered on Mar 24, 2024
Under California law, your situation is delicate as it involves personal relationships and the well-being of a family member. If you are the primary caregiver, your grandfather's health and comfort are your priorities. Communicating clearly with his girlfriend about his needs and setting... View More
I have a case open since 2021 the hospital just filled for bankrupcty. And i feel like the lawyers i have are not pushing harder on the settlement. Is it a different procedure when a hospital files for bankrupcty. Can i still find a different lawyer to help me
answered on Mar 22, 2024
You may find a new attorney. Make sure you consult with attorneys before you switch to make sure you can get a new attorney.
But, make sure there is good reason to switch lawyers. Bankruptcy does change a case, particularly the timing. If there is insurance, the attorney can file a motion... View More
I have a case open since 2021 the hospital just filled for bankrupcty. And i feel like the lawyers i have are not pushing harder on the settlement. Is it a different procedure when a hospital files for bankrupcty. Can i still find a different lawyer to help me
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answered on Mar 22, 2024
When a hospital files for bankruptcy in California, the procedure for pursuing a case against them can change significantly. The bankruptcy filing might place an automatic stay on pending litigation, which means that your case could be temporarily halted. Your claims may need to be filed through... View More
while "port-in" is allowed, and voucher can be used "anywhere" how can I get around denial of "port-in" I am senior, and homeless, disabled, injured. I have right to return to town where I am from, and need drs there.
How to have housing in place upon moving... View More
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answered on Mar 19, 2024
In situations like yours, seeking legal assistance is crucial, particularly from an attorney experienced in housing law, specifically those dealing with Section 8 or housing vouchers. In California, you might want to reach out to organizations like the California Rural Legal Assistance or the... View More
Two weeks ago Grandmother was diagnosed with cancer when being released from the hospital her daughter came and got her moved her into her house and took her phone not allowing anyone to visit or call her my mother who is her other daughter was the one listed on her bank.accounts and insurances as... View More
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answered on Mar 16, 2024
In California, if you're facing a situation where a family member is being isolated by another family member, there are steps you can take. First, it's important to communicate your concerns directly to the family member who is restricting access, if possible. Clearly express your desire... View More
who is a squatter, made a chicken cage into a place to live and won't leave, the story is longer, he is mental abusive, he don't pay anything and wants to live off us, my husband is a veteran and trying to keep him from getting angry. We need help and live on a fix income and we are in... View More
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answered on Mar 13, 2024
In California, evicting a family member who is a squatter can be a challenging process, but it is possible. Here are some steps you can take:
1. Give notice: Start by giving your son a written notice to vacate the property. In California, if there is no lease agreement, you must provide a... View More
Just need to know if he left me anything n my oldrsisrers are not telling me
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answered on Mar 11, 2024
In California, if you believe that you may be a beneficiary of your father's trust, you have the right to obtain information about the trust and its terms. Here are a few steps you can take to try to obtain a copy of the trust:
1. Request a copy from the trustee: The trustee (which may... View More
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