Get free answers to your Elder Law legal questions from lawyers in your area.
Is it free for senior citizens
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answered on Jan 18, 2024
Lawyers can make house calls to assist with legal matters such as amending a will, especially for senior citizens who may have mobility issues. However, whether this service is offered and any associated costs can vary depending on the law firm and the location.
While some attorneys may... View More 
In the case I am asking a question about, the court prescribed fiduciary has been seemingly intruding in the bill paying that the primary has been taking care with the help of a long term friend and there is no evidence that there is need for the fiduciary.
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answered on Jan 16, 2024
In California, if a court has appointed a fiduciary, such as a power of attorney (POA), the individual who granted the POA typically cannot unilaterally remove the fiduciary. This is especially true if the individual's capacity to make such decisions is in question, which is often the case... View More
Family transfer. The owner sold it to a trust in her name and she died one week later. She had no family and I did everything from cleaning to grocery shopping for two plus years. They have asserted themselves in her life two months before she passed in nursing home they put her in. He has... View More
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answered on Jan 14, 2024
This situation raises serious concerns about potential elder abuse and fraudulent activities related to estate and trust management. In California, there are laws to protect individuals from such exploitation, especially in the context of probate and trust matters.
First, you should gather... View More
Never going back to her home. Two people/ old neighbors a mother and son took over her (everything). They conned her and are almost selling her house which he put to a trust in her name at his address. She had zero family they knew this because her daughter died a year earlier. Is it too late to... View More
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answered on Jan 13, 2024
Under California law, it's important to act quickly in situations like this. If you suspect that your friend has been a victim of financial abuse or undue influence, especially by someone with a questionable past, it's advisable to consult an attorney. An attorney can help investigate the... View More
The person described in the question was mandated to have a fiduciary when she was caring for herself with a friend`s help and she had a very good credit rating. The fiduciary does little but intrude in the bill paying process and charge a lot of money!
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answered on Jan 13, 2024
Under California's new supported decision-making law, an older person who can manage daily life with a friend's help is not necessarily incapacitated. This law allows individuals to make their own decisions with support, rather than needing a fiduciary or conservatorship. If the person is... View More
The person described in the question was mandated to have a fiduciary when she was caring for herself with a friend`s help and she had a very good credit rating. The fiduciary does little but intrude in the bill paying process and charge a lot of money!
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answered on Jan 13, 2024
In California, the determination of whether an older person is incapacitated and in need of a fiduciary isn't solely based on their ability to perform daily tasks or manage finances with assistance. Incapacity typically refers to a person's inability to make decisions or manage their... View More
My mom has stage 6 Alzheimers and is in CA Memory Care. Her overall health is excellent for her age and is mobile at all levels. Two Surrogates want to relocate her to another Memory Care in CA. The other three to a Memory Care in FL where she had lived and all her Trust/Health Care Directives were... View More
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answered on Jan 13, 2024
Hi Dennis,
In California, when multiple individuals are named as Health Care Surrogates without specific instructions on how decisions should be made, the situation can become complex. There is no automatic rule that 'majority rules' in these cases. Ideally, the Health Care... View More
I am attempting for apply online for an EIN for a irrevocable trust. My mother is the grantor and I am the successor trustee. I have tried several options and it always lists either myself or my mother as both grantor and trustee. Is there a way to do this online or do I need to mail/fax the form... View More
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answered on Jan 4, 2024
When applying for an EIN for an irrevocable trust online using IRS Form SS-4, it's not uncommon to encounter limitations in how the form handles the roles of grantor and trustee. The online system may have restrictions or default settings that do not easily accommodate different individuals in... View More
FALSE CONTRACT ADVERTISEMENT FROM REALESTATE CO.
LANLORD NEVER DO REPAIRS AND BOTH THESE TWO BUSINESS PEOPLE LIED TO ME AND ASKED A HUGH MONEY
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answered on Dec 28, 2023
To address your situation, you might want to consult with a lawyer who can provide specific guidance under California law. A lawyer can help you understand your rights, particularly if you're facing issues with false advertising and a landlord who is not fulfilling their obligations for... View More
Doctors state "patient Off Meds Cymbalta P4E perceived stress scale Depression only symptoms NO Ortho" "Foot IV shared needle infection failed surgery and 2007 0 radiculopathy False" 1 Cancer Vertebrae truncated pedicle screw tracks L5 malignant tumor sacral chondromas L5... View More
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answered on Dec 25, 2023
In general, it sounds like you have been through a lot medically and may have grounds to appeal previous disability claim decisions or file new claims. However, disability law and medical details can be quite complex. I would suggest consulting with a patient advocate or disability attorney who can... View More
Can you write the will could be the beneficiary in that position. All this stuff was concerning to me. My grandma‘s bills aren’t being paid the proof messages on the phone. She has a new bank account tied in with my grandma‘s number Why is her bank account have our number? I went to Adult... View More
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answered on Dec 24, 2023
In California, a caretaker using an elderly person's funds for their own benefit, such as for a down payment on a car or house, without proper authorization, can be considered financial abuse. This is especially true if your grandmother's bills are not being paid and there's evidence... View More
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answered on Dec 22, 2023
If you have evidence suggesting wrongful conduct at the nursing home, it's crucial to preserve this evidence, such as messages that you mentioned. The first step would be to secure copies of these messages in a safe and confidential manner.
It's advisable to seek legal advice from... View More
I own only the condo I am living in .
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answered on Dec 21, 2023
The cost of creating a trust and will in California can vary based on several factors, including the complexity of your estate and the rates of the attorney you choose. Since your estate consists only of the condo you live in, your situation might be less complex than others, potentially reducing... View More
I just need to understand what exact forms I need to file
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answered on Dec 18, 2023
In California, when filing for an emergency removal in a limited conservatorship case, you typically need to file the initial conservatorship forms along with the emergency petition. The initial forms are essential for establishing the basis for the conservatorship itself, outlining who is being... View More
There has been a question about the friend (myself-28 yrs daily companion) being a crook, or something, that has been proven in court to be incorrect. Yet a financial 'hold' has been placed on the person's finances even though the individual in the center of this discussion is... View More
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answered on Dec 18, 2023
In California, the definition of "gravely disabled" under elder law is not solely based on a person's ability to care for themselves or ownership of property like a home. It typically refers to a person's incapacity to provide for their basic personal needs for food, clothing,... View More
Notification of death, accounting of assets, etc.
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answered on Dec 16, 2023
In your role as the sole beneficiary and successor trustee of your mother's estate under California law, the standard process of notifying beneficiaries can be somewhat streamlined. Given that you are the only beneficiary, there's no legal requirement for you to notify yourself in the... View More
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
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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... View More
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
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... View More
was ordered to pay $200 starting on 7/12. She paid July & August but have not paid since. What can I do?
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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
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