QUESTION
My mother in law lives with wife and I, has Alzheimers. Can I sue my brother in law to obtain money for the cost of his mothers in home health care?
Asked on Nov 20th, 2012 on Elder Law - California
More details to this question:
He refuses to assist in any manner although financially; has not spoken to his mother for over three years. This consitutes withdrawal of affection and meets the definition of elder abuse in CA but evidently too minor for DA to pursue. Recently he also vandalized mother in laws property which is in an irrevocable trust. What should I do?
1 ANSWER
The answer is yes, anyone can sue but you won't get anywhere on this. There is no obligation for a child to support his or her parent under California law. Sorry. Withdrawal of affection does not constitute elder abuse in CA.
However, depending upon the facts vandalizing your mother in law's property might be. What exactly did he do?
Sharon Miller
slmillerlaw@verizon.net
Answered on Nov 21st, 2012 at 6:09 PM