Get free answers to your Elder Law legal questions from lawyers in your area.
The word none is written. Does that mean that the agent has no authority to make decisions regarding funeral arrangements?
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answered on Dec 16, 2024
Your question touches on an important distinction in healthcare directives and end-of-life planning.
When "none" is written regarding agent authority after death in an advanced healthcare directive, this specifically relates to medical decision-making powers. The healthcare... View More 
I've lived here for over 10 years now . I am a low income senior and have no funds to move.
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answered on Dec 11, 2024
Under California law, senior mobile home parks cannot arbitrarily convert to family parks without following strict legal procedures and providing significant protections for existing residents. The park owner must give written notice at least 60 days before any proposed change and must obtain... View More
I live in California within a 55+ CID or Common Interest Development HOA (under HOPA).
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answered on Dec 6, 2024
California Civil Code Section 4710 specifically addresses political signs in common interest developments, but it doesn't give unlimited display rights. While the law protects your right to display political signs, HOAs can establish reasonable restrictions, including time limits for removal... View More
My stepsons were instrumental in the creation of my husband's trust. He signed documents and didn't know what he was signing. The lawyer was working with the one who is a sociopath. He has wanted everything high school. I think there was elder abuse involved. I was not allowed to be... View More
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answered on Dec 6, 2024
Your situation raises serious red flags that could indicate elder abuse, particularly if your husband wasn't mentally capable of understanding what he signed. The fact that you were excluded from the trust creation process and your husband needs permission from the stepsons to make changes are... View More
[ACTIVE situation; urgent help appreciated]. My father is a Medicare + Medi-Cal patient at a hospital ICU in Santa Rosa, CA admitted from acute care facility with a primary condition of pacemakjer failure which wasn't addressed, nor was he transferred to a higher order care hospital. Case mgmt... View More
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answered on Dec 5, 2024
You have the right to advocate for your father's continued care, especially given his critical conditions. Under California law, hospitals must provide appropriate treatment and cannot discharge a patient against their will without proper justification. The withdrawal of vital ICU care and... View More
Honestly this has been a nightmare for me. I inherited from my mom 1/2 his house. She bought property for him as a wedding surprise. She loved her little brother so much but he's so nasty and violent I feel he deserves nothing but whatever. Mom didn't take her name off the title she added... View More
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answered on Nov 26, 2024
This situation is very serious and requires immediate legal attention, as you're dealing with both criminal actions and property fraud. The physical assault needs to be reported to law enforcement right away for your safety, and you should consider seeking a restraining order against your... View More
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answered on Nov 22, 2024
Your safety and wellbeing are the top priority right now. If you're in immediate danger, call 911 or your local emergency services right away.
Contact Adult Protective Services (APS) in California at 1-833-401-0832 - they help dependent adults facing abuse and can provide resources for... View More
My brother lived in Tempe when exploitation began in 2023. I'm unsure which state to hire an attorney.
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answered on Nov 18, 2024
Since the alleged exploitation occurred while your brother was in Arizona but you experienced harm in California, you could potentially pursue legal action in either state. Each state has different laws regarding elder abuse and personal injury cases, including different statutes of limitations.... View More
He had me retire 7 yrs ago and paid me weekly my pension.Now he has stopped and I have no money for rent or food.
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answered on Nov 15, 2024
This situation sounds very challenging, and as someone over 65 with disabilities, you have special protections under California law. You should immediately contact Legal Aid Foundation of Los Angeles (LAFLA) at 800-399-4529, as they provide free legal help to seniors and can assist with both your... View More
I have photos of the disgusting community garbage area with garbage on the ground, filthy rotten garbage bins and a house right next to me that has a completely open side which is a nesting area for the rats. I have paid $500 to Terminix to clean the crawl space under my house but it needs more... View More
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answered on Nov 15, 2024
You have several options to address this serious health and safety issue. Start by filing a complaint with the San Mateo County Environmental Health Services Division, which handles reports of rat infestations and unsanitary conditions in residential areas.
Next, contact the California... View More
My siblings agreed to keep my mother's ashes at my house but one of my sisters her and i are not on talking terms anymore and she is now demanding to take our mother's ashes. However my sister is unstable and an alcoholic and I don't trust her with my mom. And now she's telling... View More
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answered on Nov 14, 2024
I'm sorry you're going through this challenging situation. Having an agreement with your siblings to keep your mother's ashes at your home is an important factor that the court will consider.
Your sister does have the right to petition the court to gain custody of the ashes,... View More
My aunt has been in a rehabilitation/care home for over a year. My family have been trying to get to her money and property since her husband passed away, as she is vulnerable. Recently, my cousin somehow filed documents and got put on title to my aunt’s home and also claims to be financial POA.... View More
answered on Oct 31, 2024
Is this cousin your aunt's son or daughter? Is your aunt's lack of mental capacity preventing her from understanding what her child is doing?
He is now paralyzed on both sides, could not breath, speak, eat or drink without a tube & the same Hospital did it 5 years
ago & they did it again & two more did it too!? Happened April 2024 & so wrong! Hospital promised would be more attentive to Veterans & Elders in a... View More
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answered on Oct 9, 2024
I'm truly sorry to hear about what your family is going through. It's important to take immediate action to address the mistreatment your father has experienced. Start by documenting all incidents, including dates, times, and the names of any staff involved. This information will be... View More
relevant docs I asked for, like court-mandated annual acct of assets(x 2yrs), documentation of POA assignment (nec to fight mentally ill mother naming mental ill half-sister as POA, as neither is trustworthy & each has a long, well established history of issues in court, been committed via 5150... View More
answered on Sep 26, 2024
In order to enforce your rights, to obtain documents, into otherwise make sure you’re interest are protected, you can file motions with the court.
my mom was told only 2 people could be on deed so my dad had to be removed to add my sister. the top of the quit claim has a correction grant deed was stricked out and quit claim added can this invalidate the form it was already recorded
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answered on Sep 17, 2024
It sounds like your mom may have been misled about the process of transferring the home. The information given to her—that only two people could be on the deed—is incorrect. In California, multiple people can be listed on a deed, and there was no need for your dad to be removed to add your... View More
of my mother her son and sister. My mother and her son are physically and verbally abusive to him. He would like to stay in him own home with a nurse helping out. Is there away to remove my mothers 54 year old unemployed son from the home. He is verbally abusive to her as well all his financial... View More
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answered on Sep 17, 2024
Elder abuse can take many forms, including physical, verbal, and emotional abuse, as well as financial exploitation. In your father’s case, the abuse he is experiencing from his wife and her son is not acceptable and needs immediate attention. It's important to understand that he has the... View More
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answered on Sep 3, 2024
A trustee generally has a fiduciary duty to act in the best interest of the beneficiaries and follow the terms outlined in the trust. If the trust document specifies that a drug test is required for beneficiaries to receive distributions, the trustee may have the authority to request such a test.... View More
I am the daughter and Trustee for my father who is incapacitated. The funds in his Trust Account are running low. I need to pay for his home repair, accountant and other expenses needed from his HOA. I am wondering if I could take out a collateral loan against the home which is in the Trust, a line... View More
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answered on Sep 3, 2024
You can explore taking out a loan or line of credit against the home, as long as the trust document allows for it. Since you are the trustee, you have the authority to manage the trust’s assets, and if the trust permits loans, you should be able to use the property as collateral. However,... View More
Being homeless I missed the following appointments because of unexpected tragedies in my life I asked for a refund I was offered only $1,500 I want all my money because the interest is killing me and I'm trying to fix my FICO score to get back to work and find a home do I need a lawyer any... View More
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answered on Aug 30, 2024
It sounds like you’re in a challenging situation, and it’s understandable that you want to recover the full amount you paid, especially given your circumstances. Since your dentist hasn't provided the dentures or services you paid for, you have a right to request a full refund. Start by... View More
I have an elder abuse restraining order against a neighbor. A package was misdelivered to his home and he lied and said he did not have it. Ten minutes later he lied again and said he found it at another door (I have photos, he lied). It's he said she said so I can't prove it but I do... View More
answered on Aug 25, 2024
You should explain your situation to the police department since they will be accompanying you if they chose to.
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