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California Elder Legal Questions

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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 - Page 2
Do you have any California Elder questions page 2 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 mother has Alzheimer's and is in a convalescent home my sister and I dont get along..can she prevent me from visiting my mother .

Answered 6 years and 6 months ago by attorney Terry Lynn Garrett   |   1 Answer
Your mother, not your sister, has the right to decide who visits.  Even if your sister has guardianship of your mother's person, she can only limit visitors to exclude those who have been abusive or exploitive.  If you get to the point of needing a demand letter from an elder lawyer, you might use the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org)... Read More
Your mother, not your sister, has the right to decide who visits.  Even if your sister has guardianship of your mother's person, she can only... Read More

I am the caregiver for my 98 year old father but another sibling is the power of attorney. Am I entitled to see his will and trust?

Answered 6 years and 6 months ago by attorney Terry Lynn Garrett   |   1 Answer
A Will is a private document and has no legal effect until a court admits it to probate.  Your father does not need to let anyone see it. A trust is a private document and remains so absent litigation.  However, in some states beneficiaries over a certain age are entitled to an annual accounting. It is not clear from your question whether your father has a revocable living trust with a "pour over" wiil.  If so, while he is alive he is the only beneficiary (unless he and your mother made the revocable living trust and she is also alive, in which event she would be the second beneficiary).  ... Read More
A Will is a private document and has no legal effect until a court admits it to probate.  Your father does not need to let anyone see it. A... Read More

How do I contest my brother in law inheriting my mother's ira.

Answered 6 years and 7 months ago by attorney Terry Lynn Garrett   |   1 Answer
Contact a local probate attorney who does "fiduciary litigation." 
Contact a local probate attorney who does "fiduciary litigation." 

Lawyers needed for navigating a long term care issue for my spouse

Answered 6 years and 8 months ago by attorney Terry Lynn Garrett   |   1 Answer
Use the Find a Lawyer function of the website of the National Academy of Elder Law Attorneys (www.naela.org)
Use the Find a Lawyer function of the website of the National Academy of Elder Law Attorneys (www.naela.org)

Is it possible to request complete, perpetual privacy when asking a question, giving an explanation or receiving an answer on Ask a Lawyer?

Answered 6 years and 9 months ago by attorney Terry Lynn Garrett   |   1 Answer
This is a public forum
This is a public forum

How to make legal decisions for a parent who is mentally incapacitated?

Answered 6 years and 10 months ago by attorney Terry Lynn Garrett   |   1 Answer
Hire a local lawyer to represent you in applying for guardianship/conservatorship.
Hire a local lawyer to represent you in applying for guardianship/conservatorship.

Adult Protective Services keeping mom with abuser.

Answered 7 years and a month ago by attorney Terry Lynn Garrett   |   1 Answer
From your description, it appears that mom may need a guardian.  Talk with an elder lawyer.  You can find one near you using the Fidn a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org).
From your description, it appears that mom may need a guardian.  Talk with an elder lawyer.  You can find one near you using the Fidn a... Read More

The best way to, How I get a attorney

Answered 7 years and 2 months ago by attorney Terry Lynn Garrett   |   1 Answer
Contact your county bar association.  Ask for information on Volunteer Legal Services, Lawyer Referral Service (which typically has a modest means program) and any low or no cost representation for seniors.   Also contact your local Area Agency on Aging about tenant councils and others who assist seniors.  ... Read More
Contact your county bar association.  Ask for information on Volunteer Legal Services, Lawyer Referral Service (which typically has a modest... Read More

How do I preserve benifits and still have access to inheritance?

Answered 7 years and 3 months ago by attorney Terry Lynn Garrett   |   1 Answer
While your SSDI should not be affected, some of your other benefits might.  Open an ABLE Account (www.stable.org) and deposit the $10,000 in it.  You and anyone else can contribute a combined amount of up to $15,000 per year.  You will have direct access to the money.  If you need to show that you are not spending it on food, shelter or cash which could be used for food or shelter, link it to a debit card from TrueLink Financial.... Read More
While your SSDI should not be affected, some of your other benefits might.  Open an ABLE Account (www.stable.org) and deposit the $10,000 in... Read More

How can I get POA over my grandma? and What do I turn the forms in?

Answered 8 years and a month ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer
So long as your grandma has the mental capacity to enter into a POA, then she can sign it before a notary.  There are POAs for financial decisions and POAs for health decisions.  The best thing to do is contact an attorney to get the correct documents.
So long as your grandma has the mental capacity to enter into a POA, then she can sign it before a notary.  There are POAs for financial... Read More

Will Contest

Answered 8 years and a month ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer
I'm not clear on your question, but given the complexity of your case your best course of action would be to contact an attorney for a full consultation.
I'm not clear on your question, but given the complexity of your case your best course of action would be to contact an attorney for a full... Read More

I recently got married to a man and now his daughter is trying to have him diagnosed legally incompadent

Answered 8 years and 2 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer
If he is incompetent, than as his spouse you would have a higher priority than her to be his conservator.  In this case, you would file a competing petition to be the conservator. If he isn't incompetent, then he can contest the conservatorship.
If he is incompetent, than as his spouse you would have a higher priority than her to be his conservator.  In this case, you would file a... Read More

If I have POA for my brother who is 72 with Parkinson’s and some dementia,can I be sued by a non licensed caregiver iinjured helping him in his home

Answered 8 years and 3 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer
Yes, as the attorney-in-fact for your brother, you can be sued by a caregiver, even if unlicensed, who is injured on the job.  Treat everyone as an employee with payroll withholding.  You can get worker's compensation insurance to protect yourself and your brother from caregivers being injured on the job.  You can also discuss with his homeowner's insurance if there is any liability coverage included.  If your brother qualifies for SSI or Medi-Cal, he may also get IHSS to pay for caregivers.... Read More
Yes, as the attorney-in-fact for your brother, you can be sued by a caregiver, even if unlicensed, who is injured on the job.  Treat everyone as... Read More

Mom can no longer afford her bills. She has a reverse mortgage, but is upside down.

Answered 8 years and 3 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer
If she has a reverse mortgage, she shouldn't have a mortgage payment. If you stop paying on her credit cards, she may be sued for the bills and have a judgment against her. If she has no credit and mounting bills, of course she goes deeper and deeper in a hole.  Someone has to pay for her expenses. The bigger concern that I would have is paying for her medical costs and care.  Does she receive Medi-Cal?  Is she eligible for other needs-based assistance, such as SSI?... Read More
If she has a reverse mortgage, she shouldn't have a mortgage payment. If you stop paying on her credit cards, she may be sued for the bills and have... Read More

Scammed by low life using legit attorney name & bar #, the real attorney is only worry about his bar # , wanted info to use for his own benefit,

Answered 8 years and 4 months ago by Stephan Math (Unclaimed Profile)   |   1 Answer
First, I would recommend you contact the State Bar of California..they will go after this person who is impersonating an attorney..also, when you contact them you should ask for information concerning the Victim's fund that is maintained by the Bar Association..you may be able, if you suffered damages, to make a claim as a victim..there also is a Victim of Crime fund available in California and maintained by the State...... Read More
First, I would recommend you contact the State Bar of California..they will go after this person who is impersonating an attorney..also, when you... Read More

what is the best way to make sure that Medi-Cal is not able to recover nursing home costs

Answered 8 years and 6 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer
Your asking a straight forward question, but unforetunately there isn't a straight forward answer.  There are a lot of ways to protect assests from Medi-Cal, and it is going to depend on the individual's specific situation and assets.  It's not a one-size fits all situation.  Contact an attorney for a full consultation.... Read More
Your asking a straight forward question, but unforetunately there isn't a straight forward answer.  There are a lot of ways to protect assests... Read More

We have a parent from out of state living with us who is dying of cancer. How can we establish CA residency for Medical without going to the DMV?

Answered 8 years and 6 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer
There are a lot of ways to show California residency: voter registration, utility bill, paystub, rent receipt, receiving public assistance at California address, and many others.  A Medi-Cal application is complicated.  Contact an attorney for a full consultation.
There are a lot of ways to show California residency: voter registration, utility bill, paystub, rent receipt, receiving public assistance at... Read More

My grandmother had alzheimer's, her son used a quickclaim on her houses

Answered 8 years and 9 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer
This is a complex issue and it is possible to file a petition with the probate court to challenge the transfer of the houses to your uncle.  Contact an attorney for a full consultation.
This is a complex issue and it is possible to file a petition with the probate court to challenge the transfer of the houses to your uncle.... Read More

Hello, I need help with a Financial Elder Abuse case. Who is the best person to Contact ?

Answered 8 years and 9 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer
You can contact your local bar association to get a referral to an attorney.
You can contact your local bar association to get a referral to an attorney.

Can we undo POA if they r not looking out in best interest of parent. Needs or not met at current care home. POA won't see or talk to parent&dont care

Answered 8 years and 11 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer
Your mother can revoke the POA and issue a new POA to another person.  Your mother can also sue the daughter for damages, breach of fiduciary duty, elder abuse, etc.  Consult with an attorney.
Your mother can revoke the POA and issue a new POA to another person.  Your mother can also sue the daughter for damages, breach of fiduciary... Read More

Father has dementia daughter change to deed to include herself

Answered 8 years and 11 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer
Depending on the facts, this may be a matter of elder abuse, fraud, undue influence, or any number of causes of action.  Call an attorney for a full consultation.
Depending on the facts, this may be a matter of elder abuse, fraud, undue influence, or any number of causes of action.  Call an attorney for a... Read More

What type of lawyer would be needed to help prep for a hearing on elder abuse?

Answered 8 years and 11 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer
An attorney that deals with elder law would be able to help you.  The attorney can assist with gathering evidence and presenting it at the hearing.
An attorney that deals with elder law would be able to help you.  The attorney can assist with gathering evidence and presenting it at the... Read More

I am on Medi-cal in Californian. How do I keep the state from taking my house when I die?

Answered 9 years and 2 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer
California law changed this year so that a person on Medi-Cal is not subject to a Medi-Cal recovery lien on property that passes outside of probate.  If you put your home in a revocable trust, then you can avoid repayment to Medi-Cal at your passing.  Have an attorney draft an estate plan for you.... Read More
California law changed this year so that a person on Medi-Cal is not subject to a Medi-Cal recovery lien on property that passes outside of probate.... Read More

I am on Medi-cal and I own my home with my son how do I protrct my house so my son can keep it after I die

Answered 9 years and 2 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer
California law changed this year so that a person on Medi-Cal is not subject to a Medi-Cal recovery lien on property that passes outside of probate.  If you put your home in a revocable trust, then you can avoid repayment to Medi-Cal at your passing.  Have an attorney draft an estate plan for you.... Read More
California law changed this year so that a person on Medi-Cal is not subject to a Medi-Cal recovery lien on property that passes outside of probate.... Read More

find a lawyer who will help me recover 600K + from trustee

Answered 9 years and 2 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer
You can check with your local bar association for a referral to an attorney who practices in trust litigation.
You can check with your local bar association for a referral to an attorney who practices in trust litigation.
Elder Law
California

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