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California Elder Law Questions & Answers
2 Answers | Asked in Wrongful Death and Elder Law for California on
Q: Can I bring a lawsuit against family member I feel adided in my fathers death instead of helping
Maurice Mandel II
Maurice Mandel II answered on Jun 29, 2020

Sorry for your loss. This is really not a "Family law" issue or "criminal law" issue unless your family member was a nurse or M.D. This may be an "Elder abuse" situation and it may be a "wrongful death" which is a category of personal injury actions. As his... Read more »

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1 Answer | Asked in Elder Law and Wrongful Death for California on
Q: Would i be able to bring a suit against my step sister who not hiring the proper care for my dying father .

Father had a catheter due to peeing blood

Some kidney problems, she was the only one caregiver contacted ever !

My sister borrowed 6 thousand from my father at that time his care had to reduced from 3 to 2 days . I was unaware of so much I feel she deliberately alienated him... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jun 29, 2020

Sorry for your loss. This is really not a "Family law" issue or "health care" issue unless your SS was a nurse or M.D. This may be an "Elder abuse" situation and it may be a "wrongful death" which is a category of personal injury actions. As his heir, you... Read more »

1 Answer | Asked in Real Estate Law, Elder Law and Landlord - Tenant for California on
Q: What if I have been renting a bedroom for the last 21 months on a gentleman's agreement from a man just died May 1st

And now his arrogant, mean, hateful ex wife is doing all kinds of illegal things to me. Like changing all the locks to everything and only giving me 1 key to 1 door. And now they've completely locked me out of the garage where all of my electrical and carpentry tools and materials are located?... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jun 29, 2020

Your "gentleman's agreement" is only worth the paper it is written on. However, your LL is not allowed to commit "Forcible Entry" under CCP 1159 or 'Forcible detainer" under CCP 1160. These things include changing locks to exclude you from real property that you... Read more »

1 Answer | Asked in Real Estate Law, Elder Law and Landlord - Tenant for California on
Q: What if I have been renting a bedroom for the last 21 months on a gentleman's agreement from a man just died May 1st

And now his arrogant, mean, hateful ex wife is doing all kinds of illegal things to me. Like changing all the locks to everything and only giving me 1 key to 1 door. And now they've completely locked me out of the garage where all of my electrical and carpentry tools and materials are located?... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jun 29, 2020

Your "gentleman's agreement" is only worth the paper it is written on. However, your LL is not allowed to commit "Forcible Entry" under CCP 1159 or 'Forcible detainer" under CCP 1160. These things include changing locks to exclude you from real property that you... Read more »

1 Answer | Asked in Real Estate Law and Elder Law for California on
Q: What if I have been renting a bedroom for the last 21 months on a gentleman's agreement from a man just died May 1st

And now his arrogant, mean, hateful ex wife is doing all kinds of illegal things to me. Like changing all the locks to everything and only giving me 1 key to 1 door. And now they've completely locked me out of the garage where all of my electrical and carpentry tools and materials are located?... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jun 29, 2020

Your "gentleman's agreement" is only worth the paper it is written on. However, your LL is not allowed to commit "Forcible Entry" under CCP 1159 or 'Forcible detainer" under CCP 1160. These things include changing locks to exclude you from real property that you... Read more »

1 Answer | Asked in Estate Planning, Civil Rights, Elder Law and Legal Malpractice for California on
Q: Is it legal for a public defender to blatantly make the case for the other side?

We contested the personal and financial conservatorship of my mother. During the hearing, our court appointed public defender who spoke to my mother once, without me, totally made the case for the other side. Her speech definitely convinced the judge to grant conservatorship. She did not represent... Read more »

James Edward Berge
James Edward Berge answered on Jun 25, 2020

Your experience is not unusual. It’s not the job of the public defender to contest the conservatorship in all instances, especially if it’s clear to the PD that the need for a conservatorship exists based on personal observation, a review of a doctor’s capacity declaration, interviews with... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law, Elder Law and Federal Crimes for California on
Q: does the police or sheriff dept have the right to allow volunteers to investigate without a court order in my home

in riverside they are claiming listening devices and spiritual eyes from a certain church that they can see in my home and they have probable cause to watch,as well they are monitoring my bank and finances and they left drugs in my home i reported this to police by giving them the bag of meth...i... Read more »

Louis George Fazzi
Louis George Fazzi answered on Jun 10, 2020

More information is needed in order to respond to your inquiry. Any lawyer would need the full context of what you are talking about. The few details you have provided are insufficient to permit me to offer any kind of reasonable advice. Prepare a full chronology of the events starting at the... Read more »

2 Answers | Asked in Elder Law and Estate Planning for California on
Q: Can county put mother in a home and take estate through court conservatorship based on an undocumented diagnosis?

County is trying to put my mother in a home and take our family estate by court order conservatorship. Temporary conservatorship granted. Hearing for permanent is on June 24th. I am at loss as to what to do. They have provided no understandable explanation as to details, although I have requested... Read more »

James Edward Berge
James Edward Berge answered on Jun 8, 2020

They can’t take the property away from you if that’s what you’re wondering. Mom has a partial ownership interest in the property and so do you. The court can’t take away your interest in your home without affording you due process of law (notice and a hearing). A conservator could... Read more »

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1 Answer | Asked in Civil Rights, Elder Law, Health Care Law and Medical Malpractice for California on
Q: Does a doctor need an adult-patients consent to give them an anti-depressant?

Hello,

I am 64yo was in a hospital being treated for intestinal issues for a few days by an Internal Medicine MD I do not know and barely spoke with and today the nurse came in my room to give me medications which included four new capsules. I found out they were anti-depressants and they... Read more »

Louis George Fazzi
Louis George Fazzi answered on May 18, 2020

You are not required to take any medications you have not first discussed with a physician. Also, if the antidepressants were not prescribed by a treating psychiatrist, I would seriously question why they were prescribed and for what symptoms, and what diagnosis justifies the prescription.... Read more »

2 Answers | Asked in Estate Planning and Elder Law for California on
Q: My mother and father are both alive but ailing. If my father passes away before my mother when is his/their will read?

I anticipate issues with my siblings over my parents' estate, specifically one of them influencing my mother to change their will to exclude me if my father predeceases her. But if the will were to be read after he passed away (if he were to pass first) at least we would know his intentions... Read more »

Jonathan Purcell
Jonathan Purcell answered on May 12, 2020

Most modern estate plans use a trust instead of will to transfer assets at death.

Jonathan Purcell is a California Attorney. This posting does not create any attorney-client relationship. The information presented here is general in nature and is not intended nor should be construed as...
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1 Answer | Asked in Elder Law and Tax Law for California on
Q: We sold our home in 2019 to retire. We bought a fixer and paid for solar. Can we use the 2019 tax credit of 30%?

We are living on the property, Still renovating the house and it may not be habitable for some time. Does placed-in-service apply to us? We need the credit for 2019, as we no longer have income for 2020.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 5, 2020

If you bought the fixer in 2019 and either contracted for solar in that tax year or had it installed that year you can probably deduct it in you 2019 taxes (I say "probably" because I have not read the controlling statute or the contract).

2 Answers | Asked in Family Law and Elder Law for California on
Q: Could I gain legal guardianship over my mother who has alzheimer's even though she's still married to my father?

My mother has alzheimer's and wanders out of her yard into the neighborhood but my father is in denial about her condition and puts her in dangerous situations. He refuses any help from the family. Is there a way where my brother or I could get legal guardianship over my mother?

Mike Darlington
Mike Darlington answered on Apr 24, 2020

You can apply for conservatorship, but should consult a professional in that area as they can be complicated matters in certain situations.

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1 Answer | Asked in Family Law and Elder Law for California on
Q: Seeking conservatorship of dad, who's unable to communicate. He suffered a major stroke in March 2018. Veteran of USMC.

Had been in a Skilled Nursing Facility since the injury. But currently in Kindred Hospital Ontario. Waitng to be transferred back to Inland Valley Care in Pomona. Hopong to get him transferred to Lancaster, to be closer to home. He's receiving Military pension, VA Disability and Social... Read more »

Jeffrey Louis Gaffney
Jeffrey Louis Gaffney answered on Mar 18, 2020

Conservatorships come in two types: the person and the estate.

Conservatorship of the person allows you to make medical and personal decisions. Conservatorship of the estate allows you to handle his finances. Both take a few months to get (add an extra couple months due to the Corona...
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1 Answer | Asked in Communications Law and Elder Law for California on
Q: Had a good friend of over 20 years suddenly passed before we could discuss everything that needed to be done legally.

Was the contact and his emergency contact for him when in hospital. He was hospitalized since September 2019 & found out he had lung cancer as well as other GI problems. Went home on his birthday January 31st. He was getting stronger but I got sick and was unable to see him. Then I got busy... Read more »

Jeffrey Louis Gaffney
Jeffrey Louis Gaffney answered on Mar 11, 2020

No.

I am sorry but last wishes must be in writing, ether handwritten and signed or typed and witnessed.

Any assets that he left behind belong to his creditors and his family (even if they cannot be found). Eventually some asset search company will find this abandoned money and look...
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1 Answer | Asked in Estate Planning and Elder Law for California on
Q: Is there anyone that can help me with a conservatorship with little or no money for retainer?

My husband is suffering from cognitive decline and has lost almost everything. His employees and ex business partner have stolen so much from us.

Jeffrey Louis Gaffney
Jeffrey Louis Gaffney answered on Mar 10, 2020

It depends on what you need. The Legal Aid Society and other agencies have free conservatorship clinics (I volunteer at the San Diego one); Google around. They normally only will do conservatorship of the Person, which gives you the right to run that person's life and medical decisions.... Read more »

1 Answer | Asked in Elder Law for California on
Q: My brother in law is taking financial advantage of my elderly mother in law. How can I protect her financial security?

She lives in a memory care senior community. My brother in law has power of attorney and I believe conservatorship. I am very close to her. I support and take care of her in many ways since my husband passed away. I recently learned that my brother in las has been taking out a substantial amount... Read more »

James Edward Berge
James Edward Berge answered on Mar 6, 2020

Without being the conservator of her person and estate, there’s not much you can do except be supportive of her. The conservator has control of her money and is accountable to the court for the use of her money. If he is using her money inappropriately, the court will demand that he pay the... Read more »

1 Answer | Asked in Elder Law and Banking for California on
Q: My mom died in 2018 and my dad been having problems ever since well let me start some lady put a name change on his home

And his money market fund this lady I think she work for well Fargo bank the same bank my dad has

Sally Bergman
Sally Bergman answered on Mar 2, 2020

If you suspect this woman is unduly influencing your father and/or is taking advantage of him financially, you should immediately contact Adult Protective Services. More information here: https://www.cityofmontclair.org/city-government/police-department/victim-information/elder-abuse

2 Answers | Asked in Estate Planning and Elder Law for California on
Q: Per California law, does my sister have to complete an advance directive at the same time she signs a power of attorney?

My sister is in a skilled nursing facility for rehabilitation due to a stroke she had in July 2019. I've been trying to work with the nursing home to have her sign a power of attorney. The administrator of the facility is telling me she has to do both a power of attorney and an advance... Read more »

James Edward Berge
James Edward Berge answered on Feb 24, 2020

An ombudsman is only needed for an advance health care directive, not a statutory power of attorney, if your sister is in a nursing home, and both can be executed at different times.

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1 Answer | Asked in Elder Law for California on
Q: My sister claims she has POA, that she won't show me, for my mom. I believe she is mismanaging funds. How can i get POA?

I live in PA, my mother lives in CA with my sister.

James Edward Berge
James Edward Berge answered on Feb 19, 2020

If it's true, your sister doesn't have to show you her power of attorney. If she uses it, she's only accountable to the principal, her mother. She's not required to use it. It's probably good that she has one, because it can help avoid the need for a probate... Read more »

1 Answer | Asked in Elder Law, Nursing Home Abuse and Probate for California on
Q: A 24-hour facility hurt my grandparent. Please restore justice and protect my grandparent ASAP.
Nina Whitehurst
Nina Whitehurst answered on Feb 16, 2020

There are attorneys who specialize in nursing home litigation. That is what you should be seeking. If that is not a category, then you can find one doing a search on DuckDuckGo.com (which doesn't track you the way g***le does).

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