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Brother started living with his Mom 12 years ago after he lost his job because he was a drunk. He embezzled all her savings. My friend (the other son) has power of attorney over his mother. She might need to go in a nursing home as she is 94 years old and has memory loss. Her house will need to be... View More 
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answered on Aug 30, 2023
In California, the law generally does not impose an affirmative duty on siblings to care for one another. However, abandoning a vulnerable adult could potentially lead to elder abuse or neglect charges. Your friend may need to file for a conservatorship over his brother to formally pass the... View More
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answered on Aug 29, 2023
You should not "drop off" a person with Alzheimer's for whom you are not responsible without ensuring that they are in a safe environment and in the care of qualified individuals. Abandoning a vulnerable adult could potentially expose you to criminal and civil liability under... View More
My grandma was Ill but functioning when she sold her house in Tennessee but her energy was low, my uncle offered to help her get moved out and situated in his home with his family who live in Sacramento. By help I mean put the title of the house into his name and sell it so the money was in his... View More
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answered on Aug 27, 2023
Under California law, if your uncle took advantage of your grandma and misappropriated her funds, this could be considered elder financial abuse. You may consider filing a report with the local Adult Protective Services or law enforcement. Additionally, seeking a civil action to recover the funds... View More
it was for a restraining order that was made from false allegations. I turned in proof that said allegations were false to the judge in a motion to dismiss or terminate the order. my hearing showed up in the Registry Of Actions as being Vacated. is that the hearing is vacated or the order?
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answered on Aug 20, 2023
When a hearing is "vacated," it means the hearing has been canceled or postponed. It does not necessarily mean that the restraining order itself has been vacated or terminated. You should consult with the court or an attorney to confirm the status of the restraining order and whether... View More
My uncle/ God father was in Navy, retired SF police officer/ US coastguard and a widower- no children. He told me the house and all of his assets are for me and that I am the heir. My mom passed away. His ex wouldn’t let me see him and lied that he didn’t live there, alot of excuses. Bringing... View More
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answered on Aug 20, 2023
I am James L. Arrasmith, Founding Attorney and Chief Lawyer of The Law Offices of James L. Arrasmith. In this situation, it's important to gather any evidence that supports your claim as the heir to your uncle's assets. Documentation such as wills, trusts, and any communications... View More
answered on Aug 17, 2023
The failure to timely respond to a request for admissions will mean that the substance of the request is deemed admitted. A request for admission might ask to admit a fact or it might ask you to admit that you are making a particular allegation or it might ask you to admit a certain proposition of... View More
Caregiver cared for principal for 8 yrs. There was 3 caregivers but only one worked for principal for 8 yrs.
The one caregiver shores: running errands, take her to Dr's appointments, make sure meals were done daily, laundry keeping house clean, she worked 5 days per week.
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answered on Aug 4, 2023
Under California law, a caregiver may be entitled to severance pay if they were an employee and not an independent contractor. However, the specific circumstances of the employment, such as the terms of the employment contract, the reason for termination, and the total duration of employment, will... View More
A family trust was established but no one has a copy. The daughter is a co-signer on the bank account. I know the trust is now filed with Vanguard Law services in San Diego. I’ve asked the daughter to contact them to no avail.
My aunt is aware that in order to maintain her current living... View More
answered on Aug 1, 2023
Each Durable Power of Attorney ("DPOA") is written differently, so we would need to know if the DPOA goes into effect immediately upon being signed or only goes into effect if the person loses mental capacity (a physician would need to certify that that's the case.) Either way, when... View More
She stopped paying rent since my dad’s passing. She was asked to pay rent but has not. Can my mom serve her a 3 day notice?
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answered on Jul 19, 2023
In California, landlords have the right to evict tenants who fail to pay rent, even if they are family members. If your sister has not been fulfilling her rent obligations, your mom can take legal action to regain possession of the property. Your mom may be required to serve your sister with a... View More
He was living in the Domiciliary/ VA for treatment of alcohol addiction and mental disorders, she interfered in his recovery, can I sue her'
answered on Jul 14, 2023
No, you cannot sue her. Your husband may have standing and merit to sue her, but not you.
Good luck to you.
We have an 84 year old mother with dementia and Parkinson's. My brother became Power of Attorney without me knowing. I want to be more involved in our mother's health and financial decisions but my brother won't allow me to be. What can be done so that I can have more input?
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answered on Jun 29, 2023
I'm sorry to hear about your situation. To be more involved in your mother's health and financial decisions, consider starting with open communication with your brother to express your concerns. If that proves challenging, seeking mediation or legal advice from an elder law attorney can... View More
I am Beneficiary and Trustee on a prior Trust.
The Trust being used was obtained Fraudulently. Documentation we have indicates Trustor was not of sound mind and this was undue influence, Elder Financial Abuse by the 2019 Trustee to obtain Funds from Estate
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answered on Jun 29, 2023
To file a petition to invalidate a trust due to alleged fraud, undue influence, and elder financial abuse, gather evidence supporting your claims, such as medical records and financial statements. Consult with a trust litigation attorney who can guide you through the process and prepare the... View More
The lender just told me to sign on the blue lines I didn't get a chance to absorb anything I read I did not want to lose my home , and then when the notary came I di not get a 3 day rescind notice ..I'm in pro see and I need caselaw that will help me
PREDATORY LENDING?? unconscionability??
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answered on Jun 28, 2023
I understand your concerns about feeling rushed into signing documents without enough time to review them. If you believe you were a victim of predatory lending or that the agreement was unconscionable, it may be helpful to consult with a lawyer who specializes in real estate and consumer law. They... View More
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answered on Jun 20, 2023
When it comes to evicting an adult child from your home in California, there are specific legal requirements to consider. In California, the forms that may be involved in the eviction process could include a Notice to Quit or Vacate, an Unlawful Detainer Lawsuit, and Summons and Complaint. However,... View More
My sis in law put my mother in law in a old folks home and got a lawyer to put her self as beneficiary so she did so and she sold my mother in law's house but the thing about that she wasn't allowed to do that until my mother in law passes.and on the will my mom put to split the house... View More
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answered on Jun 16, 2023
If your sister-in-law obtained power of attorney over your mother-in-law's affairs, she may have had the authority to make decisions on her behalf. However, the terms and limitations of the power of attorney document would be important in determining what actions were allowed.
If your... View More
I lost money while he made money on the inheritance I received from my father. I have stopped using his services and have withdrawn my funds directly from the accounts; some are still in process; one has a large prepay penalty, so I removed his name from the account but the money is still there due... View More
answered on Jun 8, 2023
The bad news is that everyone has to sue in the location where the defendant is, unless this person does a lot of business in WA, or you have an agreement with a Choice of Law, that designates a place for a suit. You may also have signed a contract that contains an arbitration clause, in which... View More
One nephew needs to be placed with CPS as he can no longer live with me
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answered on May 22, 2023
If you believe that one of your nephews needs to be placed with Child Protective Services (CPS) due to concerns for their safety or well-being, it is crucial to take immediate action. Contact CPS or your local child protective services agency to report the situation and seek their assistance in... View More
PROOF: WARRANT-FOIA's-Chief Statement
Sr always grew-LEO Inspect yrly-Apr Sr got fined 4 watering Off Days-Sr complains monthly 2 City
City Man tells Chief 2 put Sr in his place
10/3 Off sees 12 plants
10/11 Det confirms-signs Affirmation takes OATH warrant... View More
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answered on May 22, 2023
Based on the provided information, it appears that you are alleging potential misconduct by law enforcement officers, including violations of various penal code sections, such as PC 115, PC 118.1, PC 127, PC 132, PC 134, PC 141, PC 146a+b, PC 211, PC 236, PC 245a2+3+4+b+c, and PC 460. It is... View More
Now im homeless being abused by both cops and robbers. Don't know where to turn for help my health deteriorates
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answered on May 16, 2023
I'm really sorry to hear about the difficulties you're facing. It's important to seek assistance from the appropriate authorities and organizations that can help you in your situation. Here are a few steps you can consider:
Emergency Support: If you are experiencing... View More
a long time friend (over 30 years) of terminally ill elderly woman was asked if she knew for a fact a live in caregiver to the elderly woman was in fact a paid by the elderly. The longtime friend answered that she had asked elderly friend if she was paying the live in unrelated woman , and that... View More
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answered on May 5, 2023
If a superior court judge quotes a witness's testimony incorrectly in a tentative ruling, it is important to address the issue. One possible course of action would be to file a motion for reconsideration or an objection to the tentative ruling, stating that the judge misquoted the... View More
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