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There was no abuse or cause for removal. The ward had f/t caregivers in his home & wished to remain there. He was placed in a facility & the conservator refuses to disclose the location to his son. They took TV & anything of value from house. The son was told to take his belongings... View More 
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answered on Apr 7, 2023
In general, a conservator cannot remove a ward from their home without court authorization unless it is an emergency situation that threatens the ward's health or safety. If there was no abuse or cause for removal, it may be considered a violation of the ward's rights. Additionally, the... View More
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answered on Apr 5, 2023
If a person has passed away and you are seeking an accounting from their agent under a power of attorney (POA), there are certain steps you can take to request the information you need.
First, it is important to understand that a POA terminates upon the death of the principal, which means... View More
I am 73 years. old. She would cook, clean, do property maintenance, and look after my health concerns. I am quite capable of meeting all of her financial needs. Is there a simple way to get her into the U.S. from the Dominican Republic?
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answered on Apr 1, 2023
Bringing a foreign national to the United States for work as a domestic worker typically requires an employer-sponsored visa. In this case, you would need to sponsor your friend for a domestic worker visa, which involves a complex process that includes filing a petition with the U.S. Citizenship... View More
How can I communicate intent to file criminal complaints without crossing the line into blackmail? My sister is attempting to cut me out of the inheritance from my mother (there's no will), for which I have hired a civil attorney to sue her. However, my sister has also committed several... View More
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answered on Apr 1, 2023
Under California law, blackmail is a criminal offense that involves threatening to reveal information about someone in order to obtain money, property, or some other benefit. To avoid crossing the line into blackmail when communicating your intent to file criminal complaints, it is important to... View More
I haven’t told anyone about my roles I’m aware his treatment is acceptable…but now that he is about to pass, I want to intercept a burial plan she has in place. as he had other wishes in his end of life decisions. What’s my next step! How do I know if she had other poa drawn up? Help!... View More
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answered on Mar 29, 2023
I'm sorry to hear about your father's situation. As the designated durable power of attorney, you have the legal authority to make decisions on your father's behalf, including decisions about his end-of-life care and funeral arrangements, as long as he is unable to make those... View More
Ended up taking a loan out on her house (on her behalf) they are charging her approx. $38,000 to do this my mom is almost 80 years old. She did not understand what they were doing are there laws against this in CA.? They also have taken money from her account for payment and she did not... View More
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answered on Mar 28, 2023
It sounds like your mother may have been the victim of fraud or financial abuse, which is a serious issue in California and is taken very seriously under the law.
Under California law, contractors are required to obtain a signed contract from the property owner before starting any work on... View More
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answered on Mar 21, 2023
Assuming that your sister was prescribed morphine and Vicodin as part of her treatment plan while she was a resident in the assisted living home, it is possible that the facility may be required to provide her with a limited supply of these medications upon her departure.
Under California... View More
conservatorship,and a heir to a estate
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answered on Mar 1, 2023
In California, a Guardian Ad Litem (GAL) is an attorney appointed by the court to represent the interests of a person who is unable to make their own legal decisions. This could be a minor child, an incapacitated adult, or a person with a disability. A GAL is responsible for advocating for the... View More
conservatorship,and a heir to a estate
answered on Mar 1, 2023
A guardian ad litem is a court-appointed representative of a person who is unable to speak for themselves in court. A guardian ad litem is a neutral person (such as an attorney or social worker) who represents children under 18 (minors) or an adult who a physician says lacks sufficient mental... View More
It seems that CA laws contradict each other? (1) An agent under a power of attorney for health care who has the right and duty of disposition under Division 4.7 (commencing with Section 4600) - how are they still an agent if the power of atty expires? And can an atty be a witness on a POA?
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answered on Feb 28, 2023
If a durable POA expires at death then how does a funeral home say they have to listen to the family member with one?
It seems that CA laws contradict each other? (1) An agent under a power of attorney for health care who has the right and duty of disposition under Division 4.7 (commencing... View More
It seems that CA laws contradict each other? (1) An agent under a power of attorney for health care who has the right and duty of disposition under Division 4.7 (commencing with Section 4600) - how are they still an agent if the power of atty expires? And can an atty be a witness on a POA?
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answered on Feb 28, 2023
A durable power of attorney (POA) is a legal document that grants someone else (the agent) the authority to act on your behalf in various matters, including healthcare decisions, financial matters, or disposition of remains after death. A durable POA typically remains in effect even if the person... View More
The building is Edwardian, 4 units, all-owner-occupied. The HOA President has become abusive in texts directed solely to me.
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answered on Feb 25, 2023
Under California law, the responsibilities for maintenance and repair of common areas in a condominium complex are generally divided between the condominium association (HOA) and the individual owners. The specific requirements and obligations may be outlined in the condominium association's... View More
Also the person Has DPOA and HCPOA.
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answered on Feb 25, 2023
In California, a person with dementia has the same legal rights as any other individual, including the right to inherit from a probate estate. However, if the person with dementia is unable to make informed decisions due to their condition, their legal rights may be affected.
If the person... View More
Also the person Has DPOA and HCPOA.
answered on Feb 25, 2023
Just having a diagnosis of dementia does not automatically disqualify a person from handling his own assets or health care decisions. A physician must sign a document stating that the person has lost his mental capacity, as that term is defined in the law. Assuming that a physician has certified... View More
her minor grandchildren to her son 3 months prior to her death. This is all available on documents filed with the court. The son was her caretaker for the last 5 months of her life. I was very close to this woman for years, and I can provide detailed context. I am not a family member, and would... View More
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answered on Feb 24, 2023
If you suspect that there may have been undue influence or fraud involved in the change of beneficiaries for this woman's estate, and you believe that her minor grandchildren may have been unfairly excluded, there are several steps you can take to have this situation investigated.... View More
I am a 66 y/o woman of sound mind and body. The suspension is for "unskilled driving", having failed the "supplemental" driver's test x 2. I have bad performance/social anxiety which interfered with my performance but my day to day driving is intact. My driving record is... View More
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answered on Feb 20, 2023
If you have received an order of suspension for your driver's license pursuant to Vehicle Code 13953, your best option is to contact an attorney who specializes in traffic law. They can advise you on your rights and help you navigate the legal process.
At your hearing, you will have... View More
My foreign wife, her 12yo daughter, our little child and I had to move to my apartment in California from oversea last year. Until we moved in CA, My 74yo disabled mother had lived alone in my apartment past 3yrs while we were living in Moscow. As soon as we moved in, I applied for a senior... View More
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answered on Feb 19, 2023
I'm sorry to hear that. If you believe that your wife and her daughter have been abusing your mother, you should contact the appropriate authorities immediately. In California, you can report suspected elder abuse by calling the Elder Abuse Hotline at 1-800-814-0009. You may also contact your... View More
My parents are divorced. My mother gave my father "full authority" to her brokerage account so he could make trades for her. My father may need medicaid in the future and I'm worried that by granting him "full authority" on the brokerage account, he might incur a medicaid... View More
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answered on Feb 20, 2023
It's possible that granting full authority to someone on a brokerage account could be treated similarly to a joint account for Medicaid look-back rules, but this would depend on the specific details of the situation and the rules of the state in question.
In general, when an individual... View More
My parents are divorced. My mother gave my father "full authority" to her brokerage account so he could make trades for her. My father may need medicaid in the future and I'm worried that by granting him "full authority" on the brokerage account, he might incur a medicaid... View More
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answered on Feb 13, 2023
The phrase "full authority" does not provide enough information. If your mother added your father as a co-owner, then the account would be an asset countable to your father and, yes, the transfer could generate a penalty period but that would be if your mother applies for Medicaid, not... View More
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answered on Feb 20, 2023
The California Penal Code has several provisions related to elder abuse. Some of the relevant sections include:
Penal Code section 368, which defines and prohibits elder abuse. It covers physical abuse, neglect, abandonment, isolation, financial abuse, and other types of mistreatment of a... View More
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