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74 legal questions have been posted about elder law by real users in California. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. All topics and other states can be accessed in the dropdowns below.
California Elder Questions & Legal Answers
Do you have any California Elder questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 74 previously answered California Elder questions.
Elder Law
California

Recent Legal Answers

My aunt is trying to keep me and my brothers from seeing my grandmother.

Answered 4 years and 9 months ago by attorney Terry Lynn Garrett   |   1 Answer
Yes, requiring supervised visitation is overreaching.  In fact, isolating people is often the first step to exploiting them.  Rather than you filing a report of this with Adult Protective Services and your aunt filing an apparently baseless report against you (You are not responsible for resolving the location of your grandfather's ashes.), try contacting the local Alternative Dispute Resolution Center.  Trained mediators will work with all concerned family members for about $50/side.  Some are trained in mediating elder law and guardianship disputes.... Read More
Yes, requiring supervised visitation is overreaching.  In fact, isolating people is often the first step to exploiting them.  Rather than... Read More

what is the cost to file to contest conservertorship?

Answered 5 years ago by attorney Terry Lynn Garrett   |   1 Answer
This varies with location, lawyer and whether it will be contested.
This varies with location, lawyer and whether it will be contested.

How to protect inheritance from sibling trying to manipulate elderly father

Answered 5 years ago by attorney Terry Lynn Garrett   |   1 Answer
Your father may well Will everything to him out of gratitude, not because he is subject to undue inflluence.  Discuss the matter with your father.  There may be a way to fairly compensate your sibling for 10 years' work without totally excluding you from inheriting.
Your father may well Will everything to him out of gratitude, not because he is subject to undue inflluence.  Discuss the matter with your... Read More

Do I really need a lawyer to get power of attorney for my elderly Dad.

Answered 5 years ago by attorney Terry Lynn Garrett   |   1 Answer
While your father may grant you a Medical and a Durable Power of Attorney, he retains the right to decide where he lives.  He can only be a protected person under a conservatorship if he lacks legal capacity to provide for his own food, shelter or medical care or to manage his own finances.  Dignity and independence are important to us all.... Read More
While your father may grant you a Medical and a Durable Power of Attorney, he retains the right to decide where he lives.  He can only be a... Read More

I need a lawyer power&Attorney for my grandma

Answered 5 years ago by attorney Joel Weissler   |   1 Answer
Estate Planning and long term care planning for a Senior is incredibly important.  Chose an elder law attorney in your area and visit with them long enough for them to get a real feel for what you need.  ElderCounsel is a good source for well trained attorneys their member list can be found at:Elder Counsel Member Directory.  Good luck - Joel Weissler, Weissler Law Group, San Diego, CA 619-281-1888... Read More
Estate Planning and long term care planning for a Senior is incredibly important.  Chose an elder law attorney in your area and visit with them... Read More

my dad is 81 years old and married to a 53 year old lady for 3 years what can i do to help him ?

Answered 5 years and a month ago by attorney Terry Lynn Garrett   |   1 Answer
While this may be a predatory marriage, what you can do turns on whether you father had legal capacity when he married, whether he has legal capacity now and whether you are his agent under a Durable Power of Attorney and whether she is.  You may want to discuss your alternatives with an elder lawyer.  You can locate one near you using the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org)  ... Read More
While this may be a predatory marriage, what you can do turns on whether you father had legal capacity when he married, whether he has legal capacity... Read More

i am an elderly female with serious health issues who was forcefully evicted from a residence where i was never late on my rent payment. what is my r

Answered 5 years and a month ago by attorney Terry Lynn Garrett   |   1 Answer
Contact your local Area Agency on Aging about low income housing, room and board homes and other options for elderly in your area.
Contact your local Area Agency on Aging about low income housing, room and board homes and other options for elderly in your area.

Can a DPOA be changed after someone is declared incapacitated?

Answered 5 years and a month ago by attorney Terry Lynn Garrett   |   1 Answer
Someone who has been declared legally incapacitated to manage his finances has no legal ability to change the DPOA.  If you fear attempted elder exploitation and would like to discuss this with an elder lawyer, you can find one near you using the website of the National Academy of Elder Law Attorneys (www.naela.org).... Read More
Someone who has been declared legally incapacitated to manage his finances has no legal ability to change the DPOA.  If you fear attempted elder... Read More

If a California lawyer changes his mind, can he drop your case and justify it with lies to the court?

Answered 5 years and a month ago by attorney Terry Lynn Garrett   |   1 Answer
It appears that you and the lawyer will continue to see things differently, meaing that you need a new lawyer, one who sees things your way, not to try to hog-tie this lawyer to the case.
It appears that you and the lawyer will continue to see things differently, meaing that you need a new lawyer, one who sees things your way, not to... Read More

will i face legal issues?

Answered 5 years and 2 months ago by attorney Terry Lynn Garrett   |   1 Answer
Very likely.  The Durable Power of Attorney is not a loan agreement. 
Very likely.  The Durable Power of Attorney is not a loan agreement. 

I own 50% of my mom's home and on the deed as joint tenants.When my mom dies, who will own the home?

Answered 5 years and 3 months ago by attorney Terry Lynn Garrett   |   1 Answer
Your mother's share will pass to whomever she names in her Will or, if she dies without a Will, to her heirs at law.
Your mother's share will pass to whomever she names in her Will or, if she dies without a Will, to her heirs at law.

Liability for damage

Answered 5 years and 3 months ago by attorney Terry Lynn Garrett   |   1 Answer
While you are liable as a tenant, you may be able to prevail upon your grandsons to help.
While you are liable as a tenant, you may be able to prevail upon your grandsons to help.

Can my mother's caregiver put her medications in a weekly dispenser for her yet let her hold the opiates she was prescribed?

Answered 5 years and 3 months ago by attorney Terry Lynn Garrett   |   1 Answer
You seem to have answered your own question.
You seem to have answered your own question.

Can a caregiver medical advice?

Answered 5 years and 3 months ago by attorney Terry Lynn Garrett   |   1 Answer
You might want to switch caregivers.  Although everyone is entitled to their own opinion, only a psychiatrist can make the diagnoses this person is spouting.  Please make sure that your mother has not granted the caregiver either a Medical or a Durable [Financial] Power of Attorney. ... Read More
You might want to switch caregivers.  Although everyone is entitled to their own opinion, only a psychiatrist can make the diagnoses this person... Read More

Benefits

Answered 5 years and 4 months ago by attorney Terry Lynn Garrett   |   1 Answer
You can find an elder law attorney near you on the website of the National Academy of Elder Law Attorneys (www.naela.org)
You can find an elder law attorney near you on the website of the National Academy of Elder Law Attorneys (www.naela.org)

My dad’s wife will not let us see my father who is now on hospice she changed is the Advance direct to her and my dad signature is just a little line

Answered 5 years and 5 months ago by attorney Terry Lynn Garrett   |   1 Answer
Even a guardian can only restrict visitors to those who have not abused or exploited the person.  In some states heirs can ask the court to look into the behavior of an agent under a Durable Power of Attorney.  You may want to contact a local elder law attorney.  You can find one on the website of the National Academy of Elder Law Attorneys (www.naela.org).... Read More
Even a guardian can only restrict visitors to those who have not abused or exploited the person.  In some states heirs can ask the court to look... Read More

Support being taken away

Answered 5 years and 8 months ago by attorney Terry Lynn Garrett   |   1 Answer
Please provide more information.  It is not clear what the problem is or what your questions and goals are.
Please provide more information.  It is not clear what the problem is or what your questions and goals are.

How to stop 87 old father from moving from skilled nursing to Assisted living against his will and wellbeing?

Answered 5 years and 8 months ago by attorney Terry Lynn Garrett   |   1 Answer
Hire a local elder lawyer to file an application for a temporary restraining order and go from there.  You can find one near you on the website of the National Academy of Elder Law Attorneys (www.naela.org).
Hire a local elder lawyer to file an application for a temporary restraining order and go from there.  You can find one near you on the website... Read More

Yes many years ago my sister took $240,000 from my father's bank account because he spoke to a notary and realized he was leaving her nothing.

Answered 5 years and 9 months ago by attorney Terry Lynn Garrett   |   1 Answer
You face perhaps insuperable challenges.  First, you must prove that your father intended to leave the money to you, perhaps in a Will.  Second, you must prove that your sister defrauded your father.  Third, you must find your sister.  Fourth, you must find the money  Fifth, the statute of limitations may have run:  it may be too late.... Read More
You face perhaps insuperable challenges.  First, you must prove that your father intended to leave the money to you, perhaps in a Will. ... Read More

How can California Small Claims court Plaintiff (awarded Judgement 03-06-2020), collect judgement since Ohio Defendent won't pay?

Answered 5 years and 10 months ago by attorney Terry Lynn Garrett   |   1 Answer
You must seek to have the judgment enforced in Ohio.  A state court only governs people within its own state.
You must seek to have the judgment enforced in Ohio.  A state court only governs people within its own state.

How do I help a ill family member with health and financial decisions and they don’t want to sign a healthcare directive or power of attorney.

Answered 5 years and 11 months ago by attorney Terry Lynn Garrett   |   1 Answer
Everyone is free to appoint whomever they want as their agent or to not appoint anyone -- unless they lack legal capacity to make the appointment.  If you believe that mental deterioration has reached this stage, contact a guardianship attorney about pursuing guardianship/conservatorship.... Read More
Everyone is free to appoint whomever they want as their agent or to not appoint anyone -- unless they lack legal capacity to make the... Read More

how best to obtain conservatorship of my sisters care and finances?

Answered 6 years and a month ago by attorney Terry Lynn Garrett   |   1 Answer
Contact a local guardianship attorney and report the scammer to adult protective services.
Contact a local guardianship attorney and report the scammer to adult protective services.

Can I get my fathers medical information?

Answered 6 years and a month ago by attorney Terry Lynn Garrett   |   1 Answer
If your father has named you on a HIPAA Medical Information Release, you may see his chart.  Sometimes this form is combined with the Medical Power of Attorney.
If your father has named you on a HIPAA Medical Information Release, you may see his chart.  Sometimes this form is combined with the Medical... Read More

1. WILL SMALL CLAIMS COURT ALLOW ME TO SUE FOR A DEPT OWNED TO MY DECEASED FATHER? 2. WHAT ACTION CAN I TAKE TO EXPOSE A UNETHICAL CAREGIVER

Answered 6 years and 3 months ago by attorney Terry Lynn Garrett   |   1 Answer
Report her to the state licensing ageny and the company through which you hired her and to Adult Protective Services.  The executor may hire a local lawyer to sue her in district court.
Report her to the state licensing ageny and the company through which you hired her and to Adult Protective Services.  The executor may hire a... Read More

The only next of kin was Administrator of estate he opened probate case but later on abandoned case how can i tell judge he took documents & jewelry?

Answered 6 years and 5 months ago by attorney Terry Lynn Garrett   |   1 Answer
This is a question for your probate lawyer.  That lawyer may file a Motion for a Turnover Order.  The Court may then issue a Turnover Order telling the person to turn things over, probably to your probate lawyer, at a certain place by a certain time.
This is a question for your probate lawyer.  That lawyer may file a Motion for a Turnover Order.  The Court may then issue a Turnover Order... Read More
Elder Law
California

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