I have worked at multiple SNF facilities (Post-Acute care, LTC STC) that assign 20-28 residents in an 8-hour NOC shift or 10 residents in an 8-hour PM shift to one CNA. Many need incontinence, toileting, feeding, bathing, & hygiene care assistance, fall risk monitoring & pain management,... Read more »
As an attorney whose practice focuses on older adults, this is very disturbing to hear reports like this. I would suggest you call California Advocates for Nursing Home Reform (CANHR.ORG) at 800-474-1116. They're a non-profit that advocates for older adults, particularly those in...Read more »
…mos. I’ve never been late paying rent, on October 10th this year I received a 60dy notice to quit by way of being taped to the door knob of my back door, it was no cause no cause without reason. What to do?
Elder uncle Carlos' granddaughter, coerced him into signing an auto loan while he was in severe pain and not in his right mind at the time. Her name was not added to the loan, but she took possession of the vehicle. Carlos' credit is pristine, but financially does not qualify for any... Read more »
Financial Elder abuse is found under Welfare and Institutions Code Section 15610.30, et seq. It is unclear from your description, but it sounds like Karla used your uncle, Carlos, to obtain a car from a dealership, then Karla took the vehicle and did not pay the monthly loan, but rather Carlos was...Read more »
He should speak with an estate planning attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]
She is on a fixed income and recently refinanced the home because he demanded she pay him back for the down payment which was over 20 yrs ago. She has been the only one paying mortage, utilities. Hes been there freeloading. Now hes demanding she leave, its his house. Shes not allowed to eat his... Read more »
It surely seems like a very toxic relationship. I recommend that she get away from him as soon as possible. The longer they remain married, the more money she may owe him in spousal support (aka alimony), since she is financially supporting him during the marriage.
I'm the oldest sibling, and I have three (3) brothers and one (1) sister. Approximately 10 years ago my Mother gave my sister what I believe is a limited power of attorney to manage her property and assets. I was born in Dayton, Ohio. A few years after authorizing the above-noted power of... Read more »
I went to Northridge Hospital on 6/14. in chronic pain with Essential Thrombocythemia Hemorrhage Severe/ JAK2 mutation and degenerative disc disease. Admitted 6/15, The Doctor discovered it was my back by 6/17. The hospital contacted Woodland skilled nursing rehab facility to transfer me to. A... Read more »
My grandparents passed away over 10 years ago and I am trying to get their medical history. I am not the executor of their estate (they didn't do estate planning before passing away) and my father is the death certificate holder. I live in California, however, they passed away in New York. I... Read more »
You are right on the money with the HIPAA reference. Everyone has a right to privacy in their medical information. So, if one spouse is in the hospital and the other spouse calls to ask how the hospitalized person is doing, the hospital is not even allowed to acknowledge the person is in the...Read more »
My mother currently lives in the house she purchased with my late father. Fully paid and in their trust. She is showing signs of dementia and we expect the need for full time in-home or assisted living care within the next year. In a recent review of my father's trust, we found an unexpected... Read more »
She didnt have relationships with her two children. One was ordered to move out and had a protective restraining order about 6 months prior to death and her other child she hadn't seen in 15 years. However the son she had no contact with for 15 years came one day and got POA. However, my... Read more »
When a person dies with no will, then state law determines who inherits. Assuming your grandmother was unmarried when she died and all of her biological and adopted children survived her, then her children inherit in equal shares. Grandchildren would not inherit.
As an out-of-state son (#1) and named beneficiary, is it possible to get a trust accounting and a copy of the current (I've seen an older one) trust from a completely uncooperative other son (#2) who is the executor and POA? He keeps moving my mother to different facilities (early alsheimers)... Read more »
Unfortunately, you may have an elder abuse situation on your hands. Elder abuse includes both physical abuse and taking advantage of someone with limited mental capacity by spending all their money. I'm sorry to say it sounds like you need to hire a lawyer because your brother won't...Read more »
A California attorney could advise best, but your question remains open for three weeks. Nationwide, claimants do sometimes include interest in filing arbitrations for health care services (I cannot speak for California rules with AAA or other arbitration forums). But as a practical matter, it...Read more »
placed her in a facility without asking or talking to her about other living options she has available to her. She doesn't want to live nor need to live in a facility. She also has a Living Trust. She has options to live with relatives or... Read more »
So long as she has the "capacity" to make her own decisions, she can make her own choices, including revoking a power of attorney. If a contract was signed with a valid power of attorney in place, that will have to be looked at. You should have your mom see an estate planning attorney,...Read more »
now the trustee refuses to share any information about the estate or trust with her three siblings. She has now had Mom diagnosed with dementia. Are we entitled to a copy of the trust and/or any other estate information while Mom is still living? How do we get a copy of the trust?
If mom was diagnosed with dementia, then yes, you and your siblings are all entitled to a copy of the trust and certain information under the terms of a new law which became effective on 1/1/2022. I would advise you to consult with an estate planning attorney to determine and enforce your legal...Read more »
His girlfriend cashed out his 401K and used his credit. She refused to let anyone talk to him over the past 2 yrs. She refused to take him to the doctors. He was wandering around daily in his Camptonville neighborhood. He has gone missing several times. My daughters and I flew out to check on him... Read more »
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 »
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 »
… 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 »
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 »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.