Lawyers, Answer Questions  & Get Points Log In
California Elder Law Questions & Answers
1 Answer | Asked in Elder Law for California on
Q: How do you revoke power of attorney from someone who has abused their power?

If you have an elderly family member who gave his child power of attorney to assist them with their financial affairs and you discover the person who has power of attorney has stolen the elderly family members money. The thief also drew up a will a few years prior. Now that its discovered the... Read more »

Sally Bergman
Sally Bergman answered on Mar 3, 2021

You should contact an elder law attorney to immediately prepare and serve a revocation of the power of attorney. That attorney will also explore a possible financial elder abuse claim. I would not suggest you try to do the new power of attorney yourself as it's not likely the financial... Read more »

1 Answer | Asked in Estate Planning, Contracts, Elder Law and Probate for California on
Q: I need estate lawyer to help deal with a hospital were my mom passed away

My mother passed away in a hospital. Hospital lost her property and sum of money she brought with her. As compensation they issued me daughter a check that I had problem utilizing. and lost.. It was made out to the estate of <moms name> Now they are giving me replacement check but I'm... Read more »

Nina Whitehurst
Nina Whitehurst answered on Feb 17, 2021

If your mother’s estate, consisting of that check plus her other assets, is worth less than $166,250, you might be able to collect all of her assets with a small estate affidavit. A probate attorney can help you determine whether your mother’s estate qualifies and, if so, can help you draw up... Read more »

1 Answer | Asked in Estate Planning and Elder Law for California on
Q: I'll try again. Small, I mean small estate. No family, friends to help me out. I'm alone. I need assistance for closing.

Will a ProBono Attorney, close my Estate after I pass. My total assets are under $14,000.00 year.

Sally Bergman
Sally Bergman answered on Feb 12, 2021

You need to take at least some minimum steps to make sure no estate administration is required. For every bank account, make sure you have designated a pay-on-death beneficiary and make sure that person knows they are the beneficiary. Following your death, that person can bring in a copy of your... Read more »

2 Answers | Asked in Personal Injury, Animal / Dog Law, Elder Law and Landlord - Tenant for California on
Q: spraying raid into my room all day and night my cat and i are physically ill do i speak w/ a personal injury lawyer
William John Light
William John Light answered on Jan 18, 2021

If you sprayed an insecticide into your room all day and night and then became ill, it sounds like you made yourself sick. You should go to the doctor before you even think about talking to an attorney. If someone else is responsible for spraying Raid, then that person might be responsible,... Read more »

View More Answers

1 Answer | Asked in Elder Law and Social Security for California on
Q: Do I go to a County attorney to turn in elder abuse , neglect and miss use of retirement fund's

It looks to me as if he suffered during his death

Jeffrey Louis Gaffney
Jeffrey Louis Gaffney answered on Jan 12, 2021

Start with Adult Protective Services. I have had great luck with them and they will refer it to the office it needs to go to.

4 Answers | Asked in Estate Planning, Real Estate Law, Tax Law and Elder Law for California on
Q: An elderly neighbor offered to will me her home if I managed her care for the next few years. What are the issues here?

My elderly neighbor's husband just passed, and she finds herself overwhelmed by paperwork, by legal matters, and so forth. She is getting quite on in years and has no living family. She offered to will me her home if I would become power of attorney on her behalf and helped manage her affairs.... Read more »

Jeffrey Louis Gaffney
Jeffrey Louis Gaffney answered on Jan 5, 2021

The main issue is that it is not enforceable. Also, you are trying to take payment for something without calling it income.

View More Answers

1 Answer | Asked in Civil Litigation, Elder Law and Probate for California on
Q: my siblings took my dad and grandma to the lawyer office to change their will to a living trust

I'm a abused beneficiary my siblings won't show me my dad and grandma accounting I believe they're are stealing from my dad and grandma they change their mailing address to a p.o box I've believe my grandma and dad been abused physically and mentally.

Gerald Barry Dorfman
Gerald Barry Dorfman answered on Dec 27, 2020

You can report your observations and suspicions to Adult Protective Services in the counties in which your grandma and dad reside. They will conduct an investigation.

1 Answer | Asked in Real Estate Law, Civil Rights, Elder Law and Landlord - Tenant for California on
Q: I live in Hud apartments for seniors and disabled, someone new have moved in the apartment over me. He stomps not walk

I have informed the manager of the problem and she told me to talk to me ? and to write her a letter about the matter and drop in the night box for the building. I did the first letter 12-1-20 and the second letter 12-7-20. This man only stomps over my bedroom and drops things on the floor and... Read more »

Louis George Fazzi
Louis George Fazzi answered on Dec 7, 2020

I suggest you go up and introduce yourself to your new neighbor. In as friendly a manner as possible, let him know you are his downstairs neighbor. You might ask if he has difficulty moving around in his apartment as it sometimes sounds like he is making stomping noises that can be quite startling,... Read more »

1 Answer | Asked in Elder Law for California on
Q: My mother in-law needs to be confined to a locked facility how do I help my wife file conservatership

What does my wife need to prove to the court and what is the best type of evidence for my wife to provide the courts to show the that her mother needs to be confined for her safety and the safety of others(her mother has he her liscenae revoked but still drives when she shouldn’t she stops in the... Read more »

Jeffrey Louis Gaffney
Jeffrey Louis Gaffney answered on Dec 4, 2020

A Conservatorship is filed in the County where she lives. You can ask the judge for special powers to put her in a facility where she can be kept from wandering, but your doctor has to support it and the judge won't want to do it unless it really is the best thing for Mom; the same procedure... Read more »

4 Answers | Asked in Elder Law, Nursing Home Abuse and Personal Injury for California on
Q: Senior Living Home Negligence

My mother has been living in a senior living apartment home as a tenant. Three days ago, she slipped on the floor in the bathroom and pulled her emergency cord that is supposed to directly ring the local fire department for emergency help. However, after she pulled the cord for 30 minutes, no help... Read more »

Theodore Allan Greene
Theodore Allan Greene answered on Nov 24, 2020

Contact an attorney. Do you have any evidence that the Landlord knew that the cord didn't work. They should have some policies in place to avoid such a situation. Like a weekly test of the system, etc..

View More Answers

1 Answer | Asked in Civil Rights and Elder Law for California on
Q: I live in a local HOA and have placed 5 political signs in my front yard.

Today, I received a letter from the HOA stating that i need to remove the signs now, as the election is over. Note: The election is not over yet until all states certify the election and/or legal action is completed and decisions are rendered in all states and electoral college. I believe this... Read more »

Louis George Fazzi
Louis George Fazzi answered on Nov 23, 2020

This is a common refrain one keeps hearing about local HOA, i.e. that they continue to interfere with our personal freedoms in some fashion or another. The present issue lies in the fact that you do not consider the election "over" yet. It is only a matter of semantics, because for all... Read more »

1 Answer | Asked in Business Formation, Criminal Law, Elder Law and Federal Crimes for California on
Q: The Law is very clear on conspiracy well my family when my father died they had this fami;ly meeting that didnt includem

well they had a family meetinmg they didnt want me to know about he told a sister under me to carry out all the eveil things they all agreeed on they abandoned me she went on the bribe all my friends she bribed my two daughters they stole my identity it took me over a year just two get my dvr... Read more »

Dale S. Gribow
Dale S. Gribow answered on Nov 23, 2020

more info would be helpful but i don't handle this type of case.

type up an easy to read summary and then call lawyers in your area.

the way you describe it I think many lawyers would be scared off.....

1 Answer | Asked in Elder Law for California on
Q: Do we have an elder financial abuse case?

My dad is a 83 years widower and recently met a female who became his best friend. They have developed an intimacy relationship over the past months. I recently found out that my dad lent his female friend $210,000 in the past few months without a promissory note. According to my dad, his female... Read more »

Robert Philip Cogan
Robert Philip Cogan answered on Nov 23, 2020

This question appears to be requesting a legal opinion. That is normally done within an attorney-client relationship. Based on the limited fact statement above there seems to be a problem. An attorney might be able advise your whether you have standing to do anything about it even if your father... Read more »

2 Answers | Asked in Elder Law for California on
Q: My mother is 88 years old she was living in a building for elderly citizens, where there was harassment by the manager

this went on police were call. citizens of this building are scared of him, she had to move out last week we need to file a restraining order because they have her new address. We are filing a law suite for damages she was also hospitalize in the time that she was living there, he does not do his... Read more »

Maurice Mandel II
Maurice Mandel II answered on Nov 19, 2020

Terribly sorry to hear your mother was treated this way, Elder Abuse is as bad as Child Abuse, because Elders often cannot protect themselves. You need to contact a local attorney that deals in Elder Abuse right away, he can assist you to obtain the relief you need for your mother. You should... Read more »

View More Answers

1 Answer | Asked in Banking, Estate Planning, Real Estate Law and Elder Law for California on
Q: What happens, and what documents will a mortgage loan servicer require when death of a spouse/co-borrower is reported?

Mother died recently. No probate. Father & mother (married) both co-borrowers (father was primary) on principal residence they owned as trustees.

Home is in revocable living trust. Mother & father are the grantors, father is successor trustee. I am sole beneficiary. No one else is... Read more »

Maurice Mandel II
Maurice Mandel II answered on Oct 28, 2020

So this goes with the other question posted in probate. Apparently this check comes from an escrow on a refi and is a one time deal. Your other post said there was a joint account. Deposit the check there. The old lender is no longer involved once paid off and does not need any additional... Read more »

1 Answer | Asked in Estate Planning, Banking, Elder Law and Probate for California on
Q: Is it possible for a widower to cash a check made out to him and his deceased wife?

My elderly father is receiving a check, titled to him and my deceased mother/his wife. It is titled using AND, not OR, meaning both signatures are required.

They are the grantors of their living revocable trust, and were the only two trustees. Father became successor trustee. I am sole... Read more »

Maurice Mandel II
Maurice Mandel II answered on Oct 28, 2020

What is not clear from your post is who is the maker on the check? You provide so much extraneous information that is sounds like the check is coming from the trust that your father is the trustee on. But that makes no sense. IMO you should go to the maker of the check and request that the check... Read more »

1 Answer | Asked in Estate Planning, Banking and Elder Law for California on
Q: Can a check made out to the sole trustee of a revocable living trust be cashed without a trust account?

Elderly father received check after home refi. It’s made out to him as: “Name, as trustee of the abc trust”. It cannot be reissued.

Trust is a revocable living trust. Mother and father were the grantors and only 2 trustees. Mother passed away, father is sole trustee now (successor). I... Read more »

James Edward Berge
James Edward Berge answered on Oct 27, 2020

It’s a common situation, but every bank and credit union and other financial institution has its own rules. My experience as an estate planning specialist with over 25 years in the field is to simply have your dad endorse the check on the reverse side as follows: “For deposit only”, and then... Read more »

1 Answer | Asked in Elder Law, Estate Planning, Real Estate Law and Tax Law for California on
Q: CA Prop 19: After parent-child transfer, if child uses home as principal res. for years, is it reassessed if he leaves?

I have a question about CA Prop 19 that I haven’t seen addressed anywhere yet, and was hoping someone from this Q&A forum might have an answer.

Prop 19 for the most part repeals Prop 58, which allowed parents to transfer a house to their children, without the house being reassessed... Read more »

Zaher Fallahi
Zaher Fallahi answered on Oct 25, 2020

Congratulation, you sound like a tax pro and seek speculation on I believe a proposed new law. That may be tough one. Good luck. Zaher Fallahi, Esq, CPA (CA &D.C.).

Disclaimer: No solicitation is intended by answering general questions in this forum. This is for information purposes,...
Read more »

3 Answers | Asked in Criminal Law, Estate Planning, Elder Law and Probate for California on
Q: What are the steps on revoking a durable power of attorney from a spouse. The partner is no longer able to speak.

I'm the son of the partner who is unable to speak. Her spouse is not making choices in her best interests and our family believes he is using his power for his benefit. We believe he is using her money, credit cards, and has mentioned he is using our elderly grandmothers (now deceased) bank... Read more »

Nina Whitehurst
Nina Whitehurst answered on Oct 24, 2020

If the power of attorney is NOT durable then it was automatically revoked when your mother became incapacitated. If it is durable and your mother is no longer able to revoke it, then you would have to go to court to get a guardian and conservator appointee. The conservator would then be able to... Read more »

View More Answers

1 Answer | Asked in Elder Law for California on
Q: Is it wrong for my father in law to be in an assisted living home?

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... Read more »

Maurice Mandel II
Maurice Mandel II 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... Read 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.