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California Elder Law Questions & Answers
1 Answer | Asked in Elder Law and Family Law for California on
Q: My brother sold my fathers property without his consent my father is in nursing home what do i do ?
Maurice Mandel II
Maurice Mandel II answered on Sep 21, 2021

This could be a number of different wrongs, including "conversion" (think theft), and Elder Abuse. You should contact a local attorney that handles issues of Elder Abuse (Financial abuse is also Elder Abuse- you don't have to bruise them to commit Elder Abuse). You should act right... Read more »

1 Answer | Asked in Elder Law and Family Law for California on
Q: My dad was put in a nursing home my brother sold his property without my fathers consent what do i do ?
James Edward Berge
James Edward Berge answered on Sep 21, 2021

There's nothing you can do assuming your brother had the legal authority to sell your father's house. In other words, if he had a durable power of attorney from your father which authorized him to sell the house or he was acting as the trustee of your father's trust which owned the... Read more »

1 Answer | Asked in Family Law, Elder Law, Intellectual Property and Landlord - Tenant for California on
Q: Hi there, I'm sorry to bother you...I don’t know what to do…

… I have an older sister that is a meth addict and her daughter also following in her footsteps. They both live with my parents that are from the age of 77 to 84. In the short, my sister and loser daughter are stealing money from my parents, blackmailing my dad and pressuring my dad to help them... Read more »

Sally Bergman
Sally Bergman answered on Sep 10, 2021

You should immediately call Adult Protective Services who will investigate. Your parents can file for an Elder Abuse Restraining Order and can likely have your sister and her daughter removed from the home. If your parents will not support that action, you may need to consider filing for... Read more »

1 Answer | Asked in Elder Law for California on
Q: Is there a limit to how much a long-term care service can increase its rate each year?

My senior family member is receiving 24 hour care services and recently received a 22% increase in the cost of his care.

James Edward Berge
James Edward Berge answered on Aug 20, 2021

No, there are no statutory limits. You should however review your contract with your healthcare provider and see if there are any notice requirements and/or any other limitations before a rate increase takes effect.

2 Answers | Asked in Estate Planning and Elder Law for California on
Q: Can I collected property from brother who is living and has signed will over to his stepson? Brothers wife is deceased.

Step son have power of attorney over medical but brother can sign for his own finances as far as he knows. I’m in California and he is Alaska living with them. He is not happy because they are controlling him.

Ivette Santaella
Ivette Santaella answered on Aug 10, 2021

Hello,

Only if he names you his agent in the DPOA. If he feels that they are abusing him he should contact adult protective services in Alaska.

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2 Answers | Asked in Elder Law for California on
Q: Can I evict my 90 year old mother from my home; I reside in CA?

My relationship with my mother has always been difficult, but I brought her into my home and was willing to allow her to live with my husband and I until the end of her life. This was a mistake. She has always been a mean-spirited, narcissistic personality, but she now behaves in ways that are far... Read more »

James Edward Berge
James Edward Berge answered on Aug 3, 2021

Contact a real estate eviction attorney. He will advise you on the proper notice to be given to her. If you fail to follow the proper notice procedure and she fails to leave, you might have to wait even longer to get her to move out, and if you tell her to leave and she fails to leave and you... Read more »

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1 Answer | Asked in Civil Litigation, Criminal Law and Elder Law for California on
Q: Elder abuse case (dependent) resulting in financial exploitation. Do a criminal law attorneys rep on contingency basis?

Fraud and financial exploitation are at issue. Civil Trial completed. Appeals completed. Mistrial.

Dale S. Gribow
Dale S. Gribow answered on Jul 15, 2021

more info would be necessary.

however, as a rule, a criminal lawyer does NOT handle matters on a contingency.

this is because you are talking about civil liberty (jail) rather than a PI lawyer going after money.

you should probably write out a detailed summary so you...
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1 Answer | Asked in Family Law and Elder Law for California on
Q: How do I get Power of Attorney over my mother's finances?

She is unable to pay her bills and refuses any type of help or to go to the doctor. I fear for her safety. Wellness checks from the Department of Public Safety in La Mirada have resulted in reports that state that she should not be alone. Home visits from SASSFA have stated that she is confused... Read more »

Jeffrey Louis Gaffney
Jeffrey Louis Gaffney answered on Jun 22, 2021

She can grant you Power of Attorney if she has the capacity to.

It sounds like it might be too late for her to sign anything. In that case you have to get the court to grant you a conservatorship. It will require a form from her doctor plus a pile of papers, and an investigator will...
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1 Answer | Asked in Elder Law, Family Law, Health Care Law and Juvenile Law for California on
Q: My stepson’s mother is his conservatorship why he’s in a mental group home I just found out that Her his money .

My stepson is under a conservatorship is mother is currently he’s conservator. He was working a job and gave her the money and she’s using that money to start her own business is that legal and what can I do to put a stop to this

Jackie Marie Howard
Jackie Marie Howard answered on Jun 14, 2021

A portion of your question is missing; however, it appears you are asking if a conservator can spend money belonging to the conservatee's estate on bills/expenses/assets of the conservator. The answer is no. The conservator is answerable to the court for how the estate funds are spent. Get... Read more »

3 Answers | Asked in Criminal Law, Estate Planning, Family Law, Elder Law and Probate for California on
Q: File a petition to remove Power of Attorney in California

What forms do I file a petition with the Probate Department to remove a power of attorney based on financial elder abuse? I have already contacted APS and local police, they are telling me to request the courts for the POA to hand over financial records so the POA can be removed due to the abuse.... Read more »

Sally Bergman
Sally Bergman answered on May 30, 2021

Unfortunately, this situation will likely require a conservatorship, which is a court-monitored process that can and will revoke the Power of Attorney. If the older adult had a trust in place, it's possible that a conservatorship would not be necessary. Either way, please consult an elder... Read more »

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1 Answer | Asked in Estate Planning and Elder Law for California on
Q: Uncle has some of my Mother's things on his property. How do I legally get them for her?

I have power of attorney for my mother. She wants her things. How do I get them? (Edit) Mother is currently in Hospice care, so time is of the essence

Nina Whitehurst
Nina Whitehurst answered on May 21, 2021

You start by calling your uncle and requesting that he give you the items. If that doesn’t work then write him a letter and enclose a copy of your POA. If that doesn’t work hire an attorney to write a letter. If that doesn’t work you will probably have to file a lawsuit.

1 Answer | Asked in Estate Planning, Personal Injury, Elder Law and Wrongful Death for California on
Q: Can attorney for deceased mother be relieved by (uninvolved) uncle if daughter refuses release him?

Attorney for mother who suffered abuse and injury that led to death requested that court relieve him from duty and was denied. The daughter who brought the case refuses to release him. Attorney then contacted the uncle and something was discussed. We were just informed by attorney that he... Read more »

Nina Whitehurst
Nina Whitehurst answered on Apr 26, 2021

Why would you want an attorney to continue to work for you or your mother despite that attorney clearly wishing to resign? How zealous do you think that attorney will be for your cause if you are forcing him to perform against his will? Slavery comes to mind.

1 Answer | Asked in Constitutional Law, Personal Injury, Civil Rights and Elder Law for California on
Q: Pro per Plaintiff had civil suit reassigned without my knowledge. Is there any procedure to discover why in California?

During initial hearing before new judge, it seemed as if she was not familiar with the case. She did not ask Defendant's atty to declare his presence so I have no idea if anyone was actually present. Lastly, she seemed completely befuddled, as though she had no idea what she was doing.

Theodore Allan Greene
Theodore Allan Greene answered on Mar 21, 2021

It's hard to know exactly your role in the case. Are you a defendant? Do you have an attorney? Without more information we can't really give you a good answer. If you have an attorney you should ask them. If you don't and you are a party in the case you should strongly consider... Read more »

1 Answer | Asked in Family Law, Elder Law and Probate for California on
Q: If 2 people are Co - Trustees & POA. If one person oversteps their Fiduciary duty to change Beneficiaries on an annuity?

The Trustor is still alive but incapacitated. Is that illegal?

Maurice Mandel II
Maurice Mandel II answered on Mar 19, 2021

Possibly. And it could even possibly be Criminal Elder Financial abuse. You should consult with a local attorney in Conservatorships/probate/elder law.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Family Law, Elder Law, Health Care Law and Libel & Slander for California on
Q: WHAT RIGHTS DO I HAVE AS MY MOTHERS CARE PROVIDER FOR 10YRS SHE WASNT RETURNED AFTER VISIT W SISTER IN7/20 .

MY SISTER TOOK MOM IN JUN 2020 FOR A VISIT AND NEVER RETURNED HER NOW MY FAMILY WILL NOT LET ME SEE ARE SPEAK TO MY MOTHER SHE LIVES WITH ME FOR TEN YEARS AND I HAVE POWER OVER HER , SHE IS NOW IN A HOSPITAL IN MODESTO AND IVE BEEN THERE 3X AND THEY SAY I NEED TO SPEAK TO MY BROTHER WHOM I DO NOT... Read more »

Maurice Mandel II
Maurice Mandel II answered on Mar 18, 2021

You need to speak to a local attorney handling Conservatorships and/or Elder abuse law.

Justia disclaimers below, incorporated herein.

2 Answers | Asked in Criminal Law and Elder Law for California on
Q: I need a lawyer but I’m not even sure of what kind

the situation is and I’ve been charged with financial Elder abuse I have also been charged with GTA for driving my grandpa’s truck is it always have as well as a restraining order against me the underlying issue however is I have a cousin who is threatened by myself and my children were in we... Read more »

Stanley Dale Radtke
Stanley Dale Radtke answered on Mar 18, 2021

A good criminal defense lawyer. If you cannot afford one, a public defender will be appointed to represent you in the criminal court.

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1 Answer | Asked in Civil Litigation, Elder Law and Estate Planning for California on
Q: Estate law missing will

Mother died, sister and brother got a lawyer and excluded brother? Is the excluded brother automatically entitled to any windfall should they receive an inheritance? This is in CA

Julie King
Julie King answered on Mar 15, 2021

It depends on the dollar value of your mother's estate, which is all of her assets except retirement, her car, and a few other items. If your mother's assets are valued at $166,250 or more, the law requires the estate to go through the Probate Court, so a judge can supervise the... Read more »

2 Answers | Asked in Elder Law for California on
Q: Mom with Alzheimer in assisted living. I'm trustee of the trust. Sister needs to be appointed Guardian of medical.

In california, can my sister be appointed just guardian of living/medical conditions? Mom definitely cannot be at her home.

James Edward Berge
James Edward Berge answered on Mar 13, 2021

Definitely, except it’s called a conservator of the person. You can manage the finances and she can handle the healthcare, personal care and long-term care.

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2 Answers | Asked in Estate Planning, Elder Law, Identity Theft and Probate for California on
Q: Family member passed away, discovered money was stolen courtesy of the bank. What can we do?

A family member recently passed away while settling affairs we found out a family member was stealing his money by forging checks. What legal recourse do we have based on financial exploitation? He was 64 and disabled and required assistance. The banks informed us of the questionable activity at... Read more »

Bill Sweeney
Bill Sweeney answered on Mar 3, 2021

Presumably, identify theft has occurred. If so, you might find the following web address helpful.

https://oag.ca.gov/idtheft/facts/victim-checklist

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1 Answer | Asked in Elder Law for California on
Q: How do you revoke power of attorney from someone who has abused their power?

If you have an elderly family member who gave his child power of attorney to assist them with their financial affairs and you discover the person who has power of attorney has stolen the elderly family members money. The thief also drew up a will a few years prior. Now that its discovered the... Read more »

Sally Bergman
Sally Bergman answered on Mar 3, 2021

You should contact an elder law attorney to immediately prepare and serve a revocation of the power of attorney. That attorney will also explore a possible financial elder abuse claim. I would not suggest you try to do the new power of attorney yourself as it's not likely the financial... Read more »

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