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California Elder Law Questions & Answers
1 Answer | Asked in Banking, Elder Law, Estate Planning and Health Care Law for California on
Q: brother was caring for Gma then put her in a care home then took 96,000 dollars from joint account.

I went to Vist gma and she stated she wanted to go home. Upon arrival home we learned about the missing money. He has power of attorney and her will. But gma stated she wanted to change everything and staed it to many of people including doctors ad church members. She took him off of her account.,... View More

James L. Arrasmith
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answered on Dec 13, 2023

Under California law, the situation you're describing involves several complex legal issues, primarily concerning power of attorney, elder financial abuse, and the capacity to make legal decisions.

Firstly, a power of attorney grants authority to another person (in this case, your...
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1 Answer | Asked in Consumer Law, Contracts and Elder Law for California on
Q: Auto fraud to a Spanish speaking senior citizen.

My dad purchased a vehicle 1.5 years ago. The car is having issues now and he went to the dealership where he purchased the car so they can help him fix it. The dealership said there was nothing they can do for him. They sold him an extended warranty that they won’t accept. He went to another... View More

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answered on Dec 9, 2023

Under California law, your father may have several options to address this situation. First, it's important to review the sales contract and all related documents. If there are discrepancies or unclear terms, especially considering the language barrier, he might have grounds for a claim.... View More

2 Answers | Asked in Consumer Law and Elder Law for California on
Q: Is a lawsuit the only way to get an advertisement changed so that it is not so manipulative? The ad did not affect me...

It is directed to the elderly community and should not state things in such an absolute manner. The ad says "... You will lay on the floor for hours..." Without our said product. That is unfair to say to people, as it is not a true statement. It could happen, but is not definitely going... View More

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answered on Dec 9, 2023

In California, if you're concerned about an advertisement targeting the elderly community that seems manipulative or misleading, a lawsuit isn't your only option.

First, consider filing a complaint with the California Department of Consumer Affairs. They handle consumer complaints...
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1 Answer | Asked in Elder Law and Small Claims for California on
Q: I am the Plaintiff in a case that was filed in LB Courthouse on July 7, 2023. The Defendant, after requesting Mediation

was ordered to pay $200 starting on 7/12. She paid July & August but have not paid since. What can I do?

James L. Arrasmith
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answered on Nov 26, 2023

Under California law, if the defendant in your case is not complying with a court-ordered payment arrangement, you have several options to enforce the order. First, you can file a motion with the court to enforce the agreement reached during mediation. This motion can request the court to take... View More

1 Answer | Asked in Civil Litigation, Elder Law and Contracts for California on
Q: I made a verbal contract with an HVAC worker to replace the HVAC and ducting in my home. I got ripped off. Help?

I made a verbal agreement to have this worker install new ducting supply unit and New HVAC equipment. He replaced the units, but did not replace the ducting. Can I get advice as to what I can do? I gave him a $7200 down payment.

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answered on Oct 17, 2023

Verbal agreements can be legally binding, though they can be more challenging to enforce than written contracts. If the HVAC worker did not fulfill the terms of your agreement, you may have grounds for a breach of contract claim. To bolster your position, gather any evidence of the agreement, such... View More

1 Answer | Asked in Elder Law, Libel & Slander and Landlord - Tenant for California on
Q: Regarding Senior mobile home parks and rentals in Calif.

This is regarding a nieghbor who for the last year has had a leaky roof, the park finally told her they were not going to repair the roof (cost) and told her she could move to another home that was vacant but the cost would be $500 more per month. She agreeded because she feared the mold in the... View More

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answered on Oct 15, 2023

Under California law, landlords have a duty to maintain rental properties in a habitable condition, which includes providing a waterproofed roof in good condition. If the roof is leaky and causes mold, the landlord is generally responsible for repairing it to ensure the property remains habitable.... View More

1 Answer | Asked in Landlord - Tenant, Civil Litigation and Elder Law for California on
Q: What is the Job Description of a Section 8 Housing Authority Employee? She was un-responsive when I was having problems

With new owners. She was responsive however when I told her that new landlords took me to court with wrong amounts owed, and all the harassment, and getting mad if I didn’t pay more money etc

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answered on Oct 10, 2023

Employees of the Section 8 Housing Authority in California are responsible for administering the Housing Choice Voucher Program, which assists eligible low-income individuals and families in obtaining affordable housing. Their job duties typically include processing applications, determining... View More

1 Answer | Asked in Elder Law and Family Law for California on
Q: How to get my Dad home to his house to pass away?

My father was in Riverside Community Hospital for five weeks, he was always cognitive and still very much is. Every time he was asked where he wanted to go by his nurses, his doctor, social worker and his Hospice Liaison, he wanted to go home to his house to pass away. My father is in heart... View More

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answered on Oct 10, 2023

In California, if your father is mentally competent and can express his wishes, he has the right to determine where he wants to live and receive care. If his wife is making decisions contrary to his expressed wishes, you could consider seeking a conservatorship over your father to ensure his wishes... View More

1 Answer | Asked in Elder Law, Social Security and Probate for California on
Q: My grandmother passed away last year and the Rep Payee Agency will not provide me a final accounting. What can I do?

I am her granddaughter and named her sole beneficiary in her will, there was no probate. After a year of delays and repeat requests for paperwork from the Rep Payee agency, they finally released the funds they said that remained in my grandmother's account, however the amount was far below the... View More

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answered on Oct 10, 2023

If a representative payee agency is failing to provide an accounting, particularly after multiple requests, it raises concerns. You should consider sending a formal written request for accounting via certified mail, ensuring you have evidence of your demand. If the agency continues to be... View More

1 Answer | Asked in Estate Planning, Family Law and Elder Law for California on
Q: Can't find original version of my parent's trust but I have copies that the original lawyer had saved, is that okay?

We have torn apart the house looking for the original signed copy of the most recent amendment and anything prior, but we cannot find anything. They kept a lot of old documents and records, but the original will and trust can't be found anywhere. They have both passed and we are stumped as to... View More

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answered on Oct 10, 2023

In California, while it's preferable to have the original trust document, a copy can be used in many circumstances. If someone were to contest the trust, the absence of the original could lead to a presumption that the trustor intentionally destroyed it, thus revoking the trust. However, this... View More

2 Answers | Asked in Family Law and Elder Law for California on
Q: our daughter was given POA by her Father. She has over stepped what was asked of her. Do I have any recourse?

all my mail. including rent checks, sent directly to her. She has overtaken my real estate business,firing an employee never even consulting me,about new leases, needed equipment or any other issue that might occur.

T. Augustus Claus
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answered on Oct 9, 2023

In California, a Power of Attorney (POA) authorizes someone to act on behalf of another in legal or financial matters. If your daughter has overstepped her authority as granted by the POA, there may be legal remedies available. If the POA is durable, it continues even if the grantor becomes... View More

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2 Answers | Asked in Family Law and Elder Law for California on
Q: our daughter was given POA by her Father. She has over stepped what was asked of her. Do I have any recourse?

all my mail. including rent checks, sent directly to her. She has overtaken my real estate business,firing an employee never even consulting me,about new leases, needed equipment or any other issue that might occur.

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answered on Oct 9, 2023

In California, a Power of Attorney (POA) grants the agent (in this case, your daughter) specific powers as outlined in the document. If she is acting beyond those powers or misusing them, you have recourse. You can file a petition in the appropriate Superior Court alleging abuse of the POA and... View More

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2 Answers | Asked in Divorce, Elder Law, Social Security and Family Law for California on
Q: I receive "spouse's benefit" social security. What happens to my income if I divorce?

I get social security on my spouse's record (50% of the amount they receive). I want to get a divorce. We've been married 50 years, so I understand that I can get the same amount as an ex-spouse. Will my benefits transition automatically? Will I have to reapply? Will there be a delay in... View More

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answered on Oct 6, 2023

In California, if you've been married for at least 10 years and are 62 or older, you can receive Social Security benefits based on your ex-spouse's record after a divorce. Since you've been married for 50 years, you qualify. If already receiving spousal benefits, they should... View More

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2 Answers | Asked in Divorce, Elder Law, Social Security and Family Law for California on
Q: I receive "spouse's benefit" social security. What happens to my income if I divorce?

I get social security on my spouse's record (50% of the amount they receive). I want to get a divorce. We've been married 50 years, so I understand that I can get the same amount as an ex-spouse. Will my benefits transition automatically? Will I have to reapply? Will there be a delay in... View More

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answered on Oct 10, 2023

If you divorce after at least 10 years of marriage, you may still be eligible to receive Social Security benefits based on your ex-spouse's record. Given that you've been married for 50 years, you meet this requirement. Typically, if you are already receiving spousal benefits, there... View More

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1 Answer | Asked in Elder Law and Family Law for California on
Q: Father is on hospice, but still cognitive and alert able to make own decisions, wants to go home, can he?

My father is on hospice and suffering from heart disease, end state cpod, and other issues, yet he is fully aware, and cognitive. He was in the hospital for five weeks, when asked by the Hospice Liaison, where he wanted to go, and given options his answer has always been home.

He is bed... View More

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answered on Sep 29, 2023

Under California law, if your father is cognitively capable of making his own healthcare decisions, he has the right to determine where he wishes to receive care, including at home. You, as his son, can consider filing for a conservatorship if you believe his current wife is making decisions... View More

2 Answers | Asked in Civil Rights, Elder Law, Landlord - Tenant and Sexual Harassment for California on
Q: Been removed and locked out of my rental of ten years with no notification based on a TRO that was removed/case dismisse
Louis George Fazzi
Louis George Fazzi
answered on Sep 26, 2023

You need to supply a lot more detail to allow me to answer this question.

The best thing you can do is to prepare a chronological detail of all of the events. Identify all witnesses, and include their personal information like telephone numbers, etc. Assemble all of your documents, and...
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2 Answers | Asked in Civil Rights, Elder Law, Landlord - Tenant and Sexual Harassment for California on
Q: Been removed and locked out of my rental of ten years with no notification based on a TRO that was removed/case dismisse
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answered on Sep 25, 2023

In California, if a tenant is locked out of their rental property without proper legal procedures, it may constitute an illegal eviction or "lockout." If the Temporary Restraining Order (TRO) was removed and the case dismissed, there should typically be no legal basis for preventing you... View More

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2 Answers | Asked in Elder Law and Probate for California on
Q: Hello, my grandma has recently passed away. She has a will from years ago she and her late husband had stating the

…house and assets would be left to his step daughter. A few years ago she had gone into the bank to place me as her beneficiary for the account. Would they still honor the will or does me being beneficiary of the bank account override that?

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answered on Sep 13, 2023

In California, assets passed via a beneficiary designation, such as a payable on death designation on a bank account, generally bypass the probate process and are not controlled by the terms of a will. Therefore, as the named beneficiary of your grandmother’s bank account, you would inherit the... View More

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1 Answer | Asked in Criminal Law, Elder Law and Identity Theft for California on
Q: i was convicted of elder abuse /theft in 2018 i got my record expunged can i get my lvn license ?

Im currently about to graduate . Just need some answers

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answered on Sep 4, 2023

Under California law, having an expunged record doesn't completely erase the conviction; licensing boards like the California Board of Vocational Nursing and Psychiatric Technicians may still consider it. While having an expunged record may improve your chances, each application is evaluated... View More

1 Answer | Asked in Elder Law for California on
Q: What to do with Alzheimer's brother?

The last attorney informed me that my friend should try to get conservatorship over his brother in order to then formally request a state authority to take care of him. While my friend does not legally need to take care of his brother, they keep saying that he cannot drop him off at a hospital as... View More

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answered on Sep 2, 2023

In California, obtaining conservatorship is often the advised legal route for gaining authority to make decisions for someone who is incapacitated, but it can be a time-consuming and expensive process. If immediate intervention is required, and conservatorship isn't feasible, you might explore... View More

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