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California Elder Law Questions & Answers
1 Answer | Asked in Elder Law and Landlord - Tenant for California on
Q: I live in a mobile home park. What are my rights.?

My điveway is cracked. We have terrible managers

James L. Arrasmith
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answered on Apr 29, 2023

As a tenant in a mobile home park, you have certain rights under California law. These rights may include:

Right to a habitable dwelling: The landlord is required to provide you with a habitable and safe living space.

Right to peaceful enjoyment: The landlord must allow you to enjoy...
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1 Answer | Asked in Elder Law and Estate Planning for California on
Q: after legal demand upon bank, my new attorney's demand failed to protect trust assets for court confirmation

after death of wife, my new attorney supposedly placed legal demand upon bank to protect & confirm trust with superior court.

Trust confirmation listed assets & case number for court confirmation, then all assets removed by cosigner & not reported missing at court... View More

James L. Arrasmith
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answered on Apr 25, 2023

If your attorney's legal demand failed to protect your trust assets and the assets were removed without being reported missing at court, it may be possible to pursue legal action against your attorney for legal malpractice or breach of fiduciary duty.

Legal malpractice occurs when an...
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3 Answers | Asked in Estate Planning, Civil Litigation, Elder Law and Probate for California on
Q: My neighbor of 10years knew my financial struggles and problem with code enforcement and offered me 100,000 to buy my

House and I agreed, then I got sick almost died, came home highly medicated and she said I had to sign a paper making her my beneficiary in case I died for my kids future but instead it made her executer of my estate and is one court date away from taking my house. I paid 10,000 for a lawyer but... View More

Julie King
Julie King
answered on Apr 13, 2023

DO NOT MISS the court appearance no matter what you do. If you do not appear at the hearing, you will automatically lose by default, which will create more problems for you to overcome. If your signature was not notarized (meaning a notary actually watched you sign the document) then it likely... View More

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1 Answer | Asked in Elder Law, Family Law, Estate Planning and Probate for California on
Q: Can a conservator remove a ward from his home w/o court authorization & refuse to disclose his location to family?

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

James L. Arrasmith
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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

1 Answer | Asked in Personal Injury, Elder Law, Medical Malpractice and Wrongful Death for California on
Q: If we file now a change of defendant names of a 2022 case, can we consider it as new filing in 2023 with new MICRA CAP?
Dale S. Gribow
Dale S. Gribow
answered on Apr 6, 2023

i think this is the question i just spent an hour discussing with you.

one of the biggest issues will be that the victim was 89 and one would not expect to have economic damages. Thus you would be limited to statutory amounts.

most of the lawyers I know will not take a med mal worth...
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1 Answer | Asked in Elder Law, Health Care Law and Immigration Law for California on
Q: I have a friend (a citizen of the Dominican Republic). I would like to bring her to Grass Valley to care for me.

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?

James L. Arrasmith
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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

1 Answer | Asked in White Collar Crime, Estate Planning, Family Law and Elder Law for California on
Q: How can I communicate intent to file criminal complaints without crossing the line into blackmail?

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

James L. Arrasmith
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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

1 Answer | Asked in Elder Law for California on
Q: My mother recently was contacted by a contractor they came out to do a estimate for exterior paint for her home they

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

James L. Arrasmith
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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...
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1 Answer | Asked in Elder Law for California on
Q: My sister left an assisted living home. They would not give her morphine and Vicodin when she left. Is this allowed
James L. Arrasmith
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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...
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2 Answers | Asked in Family Law, Estate Planning, Elder Law and Probate for California on
Q: need legal advance ? is there any attorney that would be willing to hear our story and tell us what choices we have.

Of course for a small fee for there time ,.

Howard E. Kane
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Howard E. Kane
answered on Mar 1, 2023

Yes! I consult regarding probate matters so feel free to email or call my office.

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2 Answers | Asked in Estate Planning, Elder Law and Probate for California on
Q: what is and what does a attorney appointed as guardian Ad Litem for adult do...

conservatorship,and a heir to a estate

Julie King
Julie King
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

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1 Answer | Asked in Elder Law for California on
Q: 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 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?

James L. Arrasmith
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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...
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1 Answer | Asked in Real Estate Law, Elder Law, Federal Crimes and Libel & Slander for California on
Q: As an elderly/disabled condo owner, am I solely responsible for costs of common area railings I requested?

The building is Edwardian, 4 units, all-owner-occupied. The HOA President has become abusive in texts directed solely to me.

James L. Arrasmith
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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

1 Answer | Asked in Elder Law, Estate Planning and Probate for California on
Q: This for a $4 mm estate. A 79 yo woman, who has Parkinson's and the associated dementia, changes her beneficiaries from

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

James L. Arrasmith
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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

1 Answer | Asked in Elder Law and Gov & Administrative Law for California on
Q: I received an "order of suspension" of my driver's license pursuant to vehicle code 13953. Suggestions re: remedy?

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

James L. Arrasmith
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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...
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2 Answers | Asked in Estate Planning, Health Care Law, Elder Law and Public Benefits for California on
Q: Is giving somone full authority on a brokerage account treated like a joint account for medicaid look back rules?

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

Nina Whitehurst
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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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1 Answer | Asked in Criminal Law, Elder Law and Landlord - Tenant for California on
Q: I am trying to prove that my speedy trial right has been violated. I have a lawyer whom I have zero confidence in.

the DA has filed charges on me. (charges are false but the DA doesn't know that) what am I suppose to do to clear myself?

Dale S. Gribow
Dale S. Gribow
answered on Jan 20, 2023

you either request a new attorney (if appt'd)............

and/or set up an appt with your lawyer to share your concerns.

1 Answer | Asked in Estate Planning and Elder Law for California on
Q: Parent declared " unable to direct personal and financial affairs.

Parents creates a DPOA.

Later on in life 2 doctors state in writing "unable to direct personal and financial affairs."

Later, parent tells other child " can you help me remove her as DPOA." Because parent and DPOA had arguement about healthcare.

Sibling... View More

Joshua D. Brysk
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answered on Jan 19, 2023

If the parent needs protection to avoid others taking advantage, the best course is a conservatorship. The conservatorship will supplant any powers of attorney and provide additional powers to the conservator. Otherwise, you can litigate to invalidate any new DPOAs on the basis of incapacity.

1 Answer | Asked in Domestic Violence and Elder Law for California on
Q: I was falsely accused of elder abuse

My family has been falsely accused of abusing our 94-year-old mom (she is bedridden and has moderate dementia). We believe that one of mom's caregivers raised the accusations because we were not happy with her work and let her go. But we don't know for sure.

Two LAPD officers came... View More

Dale S. Gribow
Dale S. Gribow
answered on Jan 17, 2023

you can call the police...however, i doubt if they would cooperate with you.

if case is closed, then it is closed.

if you have concerns look up local criminal lawyer on this site from LA

2 Answers | Asked in Elder Law, Estate Planning and Health Care Law for California on
Q: I am 80 yrs old and without friends, family, or church to see to my last wishes when the time comes. Do lawyers do that?

No doctor either. I"m with Kaiser Permanente and their doctors don't keep track of what patients they have. I have a will but no one to carry out any end of life wishes.

Tim Akpinar
Tim Akpinar
answered on Jan 7, 2023

A California attorney could advise best, but your question remains open for two weeks. Yes, lawyers do handle such matters. Your question probably went unnoticed in the general Uncategorized heading. There are lawyers who work with living wills, DNRs, and related issues. You could repost your... View More

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