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California Nursing Home Abuse Questions & Answers
1 Answer | Asked in Family Law, Nursing Home Abuse and Elder Law for California on
Q: My sister is power of attorney over my mother, who is in an elderly, assisted facility, can she deny me visitation

It’s a long-term ongoing family feud that she is brought into the situation. Has nothing to do with my mother and it has nothing to do with anything. My mother enjoys our company and she looks forward to our visits. We are suddenly cut off. I’m not allowed to see her and we are very concerned... View More

James L. Arrasmith
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answered on Feb 25, 2024

In California, the role of a Power of Attorney (POA) includes making decisions on behalf of someone regarding financial or health matters, depending on the type of POA granted. However, this authority does not inherently include the power to deny family members the right to visit their loved ones... View More

Q: Precise criteria, definitions. Citation of cases.

Persuasive cases are not precedents. Other then art of selecting cases, what are the scientific definitions? Seminal can be either precedent or persuasive?

James L. Arrasmith
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answered on Jan 1, 2024

In the realm of legal jurisprudence, cases are typically categorized as either precedent or persuasive. Precedent cases are those that establish a legal rule or principle that must be followed by lower courts within the same jurisdiction. In California, this includes decisions by the California... View More

2 Answers | Asked in Elder Law, Employment Law, Libel & Slander and Nursing Home Abuse for California on
Q: i was terminated from a nursing home that caused a wrongful death and i have messages that proove it what do i do
James L. Arrasmith
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answered on Dec 22, 2023

If you have evidence suggesting wrongful conduct at the nursing home, it's crucial to preserve this evidence, such as messages that you mentioned. The first step would be to secure copies of these messages in a safe and confidential manner.

It's advisable to seek legal advice from...
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Q: Federal filing question. Address reduction.

Fed. Rule Civ. P. 3 5.2 and L. R. 5.2.1 of Central District court have wording:

address 'should be' reducted to City and State.

'Should' means recommendation, not mandatory requirement?

Can filing be rejected if initial filing has full address?

I... View More

James L. Arrasmith
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answered on Dec 19, 2023

In the context of Federal Rule of Civil Procedure 5.2 and Local Rule 5.2.1 of the Central District Court, the term "should" generally implies a strong recommendation rather than a mandatory requirement. However, this does not mean that it can be disregarded without consideration.... View More

4 Answers | Asked in Medical Malpractice, Nursing Home Abuse and Wrongful Death for California on
Q: What are my rights if my mom passed away due to Skilled Nursing Facility Neglect?

They failed to offer her a new P.O.L.S.T. form upon admission after her Hernia surgery. This form would have given her the option to be resuscitated. She was found unresponsive, and they did not resuscitate her. Spoke to director who admitted that they made a mistake about not having her complete... View More

Randall R. Walton
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answered on May 23, 2023

I'm sorry for your loss. Yes, the way to evaluate whether or not you have a viable case for neglect is to have it reviewed by a lawyer with experience in those cases. Even though there may be an issue around the POLST, it doesn't automatically mean the case is viable. The actual cause of... View More

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1 Answer | Asked in Personal Injury, Civil Litigation and Nursing Home Abuse for California on
Q: can you predict what the outcome will be in Webster vs Haskins 9th cir.app.ct. case no 22-15545 ?
Maurice Mandel II
Maurice Mandel II
answered on May 21, 2023

You appear to be asking a question about a pending case. The people responding to the questions on this website are usually attorneys, not soothsayers. So far we cannot predict the future, we can only give reasonable alternatives once we are provided with all the information. Just citing the case... View More

4 Answers | Asked in Personal Injury, Health Care Law, Medical Malpractice and Nursing Home Abuse for California on
Q: My mom is 83. After a leg amputation the rehab nurse gave her COVID, she has bruise above her eye, horrific bed sore.

The rehab refused to let us see or speak to her. She was there only 2 weeks as we insisted on bringing her home. The rehab said we wouldn't be able to care for her, she was COVID and would have to wait. Only the fact that she got an infection and had to be rushed to emergency we were able to... View More

William John Light
William John Light
answered on Feb 5, 2022

Take her to a doctor for a thorough examination and professional documentation of her injuries. Call the police and report suspected Elder Abuse. Talk to an attorney about a possible lawsuit.

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1 Answer | Asked in Probate and Nursing Home Abuse for California on
Q: Who do I contact if the probate trust attorney and the trustee will not answer or return my calls?

Also my mom was in a nursing home when she contracted covid-19. She died from complications of covid 11/14/20. They were under stay at home orders so no visitors were allowed. An employee brought covid into the nursing home. What are my options in sueing this nursing home.

Nina Whitehurst
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answered on Jan 13, 2021

The trustee and his or her attorney most likely are not returning your calls because they do not represent YOU. YOU need to hire a trust administration attorney to represent YOU. It could be that you simply don't know the right questions to ask and what information you are entitled to. A... View More

4 Answers | Asked in Elder Law, Nursing Home Abuse and Personal Injury for California on
Q: Senior Living Home Negligence

My mother has been living in a senior living apartment home as a tenant. Three days ago, she slipped on the floor in the bathroom and pulled her emergency cord that is supposed to directly ring the local fire department for emergency help. However, after she pulled the cord for 30 minutes, no help... View More

Theodore Allan Greene
Theodore Allan Greene
answered on Nov 24, 2020

Contact an attorney. Do you have any evidence that the Landlord knew that the cord didn't work. They should have some policies in place to avoid such a situation. Like a weekly test of the system, etc..

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2 Answers | Asked in Employment Law, Elder Law and Nursing Home Abuse for California on
Q: Can I get fired/sued for alleged "conflict of interest" and/or "elderly abuse" for leasing resident's vacant home?

I'm a caregiver in an assisted living facility. Back in July 2020, one of the residents (in her 80's) mentioned about her vacant home and asked me if I wanted to lease it. I answered yes but told her my current lease ends November 30, 2020. She said her friend (her trust administrator)... View More

Maurice Mandel II
Maurice Mandel II
answered on Sep 19, 2020

Because of your position as a caregiver, any transaction that you have with one of your charges will have, at least, an "appearance" of impropriety or overreaching by you. This is whether the transaction is in fact, disadvantageous to the charge or not. On the other hand, if you are... View More

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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
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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).

1 Answer | Asked in Elder Law, Nursing Home Abuse, Estate Planning and Probate for California on
Q: How do I present an effective ex-parte order so the judge will realize the abused and let me stay with her at nigh shif

My grandmas conservator is abusing her I have been watching her recklessly spend 200,000 plus dollars but mostly they have almost killed her. She over the past year has fallen many times . She has broken many bones. The latest fall fractured her hip in many places and broke her arm in half. I... View More

Nina Whitehurst
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answered on Oct 5, 2019

Contact your local Adult Protective Services office and also hire a different attorney.

1 Answer | Asked in Consumer Law, Elder Law, Nursing Home Abuse and Probate for California on
Q: Re: probate court in LA, Ca what's the difference of filling a Petition/ Motion ?
Richard Samuel Price
Richard Samuel Price
answered on Mar 25, 2019

A petition is the first document filed with the court that initiates a probate case. It is like a complaint in a civil case.

A motion is filed within a probate case that seeks some specific relief.

Q: how can i get my wife moved from a Long Term facility in Oakland back to Sacramento where she lives?

Linda was a patient at Kaiser in Sacramento from Sept 24, 2017 till the beginning of June 2018. The beginning of June, Kaiser discharged Linda without my consent and without my knowledge to a care facility in Oakland, CA. Kaiser did not contact me about her discharge nor ask me where I wanted her... View More

William John Light
William John Light
answered on Nov 27, 2018

You should be asking Kaiser and the care facility in Oakland these questions.

1 Answer | Asked in Nursing Home Abuse for California on
Q: I am positive the bedsores my grandma has are a result of nursing home abuse or negligence but she has dementia and

can't remember how she got them. Would this sink any case I brought against the nursing home?

Travis Kendall Siegel
Travis Kendall Siegel
answered on Oct 6, 2018

No it’s not necessary if she remembers how she got the sores. In most cases involving a lawsuit against a nursing home the person isn’t able to remember or has unfortunately passed away. The most important piece of evidence will be your mom’s medical records from the facility and what they say.

1 Answer | Asked in Nursing Home Abuse for California on
Q: What are nursing homes required to have in place to prevent falls?
Travis Kendall Siegel
Travis Kendall Siegel
answered on Sep 21, 2018

Whatever the resident needs to prevent them from falling because there is no one size fits all solution to falls. State and federal regulations require the nursing home to provide the care and assistance needed by the resident to meet their needs. Sometimes bed alarms work. Sometimes they... View More

1 Answer | Asked in Family Law and Nursing Home Abuse for California on
Q: If I have shared a residence with a man for over twenty five yesrs can he throw me out?

I have become handicapped in this time, there is alot of abuse verbal and physical I have nothing he has taken everything from me

Angelina Bradley
Angelina Bradley
answered on Aug 27, 2018

I advise you reach out to Adult Protective Services:

http://www.cdss.ca.gov/Adult-Protective-Services

And if you reside in the same home, it's probably an eviction action that he'll need to pursue. If you aren't married, you'll want to consult with an elder law attorney for options.

2 Answers | Asked in Nursing Home Abuse for California on
Q: Does the whole family need to be a part of a nursing home lawsuit, or can one member file if they want?
Randall R. Walton
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answered on Jun 5, 2018

It depends. If the nursing home resident is living, then usually that person is the only person who can bring a suit for nursing home neglect or abuse. If the person has died as a result of poor treatment, and there is a case for wrongful death, then California law requires that certain heirs be... View More

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1 Answer | Asked in Nursing Home Abuse and Elder Law for California on
Q: My Mom signed a DNR, but she has dementia - I feel the nursing staff pressured her into it - is there anything I can do?
Gerald Barry Dorfman
Gerald Barry Dorfman
answered on May 11, 2018

1. If her dementia is severe enough, you could apply to the court to become her conservator. 2. You could report suspected elder abuse/neglect to the appropriate agency in the county in which it happened.

1 Answer | Asked in Criminal Law and Nursing Home Abuse for California on
Q: Are these questions considered coaching?

I had concerns about one my previous caregivers and asked my mentally disabled elderly client questions. One of my questions was "Has the caregiver ever made you feel uncomfortable in the shower?". The client answered yes and said the caregiver was messing with her "down there"... View More

Dale S. Gribow
Dale S. Gribow
answered on Apr 19, 2018

more info needed

in my opinion that was not coaching but rather concern for the well being of someone that may not be able to take care of themselves

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