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California Elder Law Questions & Answers
2 Answers | Asked in Estate Planning and Elder Law for California on
Q: As an out-of-state son (#1) and named beneficiary, how do I get a trust accounting from an uncooperative executor?

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 »

Julie King
Julie King
answered on Jun 22, 2022

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 »

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1 Answer | Asked in Consumer Law, Arbitration / Mediation Law, Elder Law and Insurance Bad Faith for California on
Q: If I was overcharged for a root canal 15 mos. ago Am I entitled to reimbursement plus interest? They earned interest.

I wanted to go to my root canal dentist who was in the plan but they insisted i go to their sister office; as it turned out he was nor in the plan and i had to appeal to get them paid.

Tim Akpinar
Tim Akpinar
answered on Apr 12, 2022

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 »

1 Answer | Asked in Elder Law for California on
Q: My Mom is 82 w/mild dementia and able to make decisions. Can she change Power of Attorney & choose where to live?

Her oldest daughter has Power of Attorney,

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 »

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Mar 21, 2022

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 »

1 Answer | Asked in Estate Planning, Family Law and Elder Law for California on
Q: My mother changed the trustee of her living trust from one child to another. There are four siblings and the one who is

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?

Thank you

James Edward Berge
James Edward Berge
answered on Jan 27, 2022

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 »

1 Answer | Asked in Family Law, Criminal Law and Elder Law for California on
Q: My ex-husband is 64 with advanced dementia. His girlfriend married him 6 weeks ago My daughter needs help to annul it.

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 »

Dale S. Gribow
Dale S. Gribow
answered on Nov 19, 2021

more info is needed.

this is not a criminal case unless you are referring to someone to represent his new wife.

make an appointment with a local lawyer in your area.......maybe one who does conservatorship etc???

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 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.

Julie King
Julie King
answered on Aug 10, 2021

If your brother is living, the most important question is whether your brother still has his mental capacity. In other words, does your brother have advanced Alzheimer's Disease or is he completely lucid? If your brother still has his mental capacity, he should be making all his own decisions... Read more »

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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
PREMIUM
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
PREMIUM
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
PREMIUM
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.

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