Legal Question in Elder Law in California

What is easier to prove: elder incompetence and bordering poor judgement (elder will not submit to psychological testing/ have recordings of issues/ history of spousal abuse/ caretaker records of incompetence/ only tested by doctor for quick 27 question/ still can drive yet does hit and run accidents/ financially still over affairs & pays bills late/ son only over medical POA / "other" son broke Heppa hospital laws and made changes to healthcare/ gets rid of caretakers/ homicide implications on deceased husband/ adult protective services does nothing/ police says shes a 97 year old woman[actress] what could she possibly do). Undue influence by a relative who takes over during death and made a bogus restraining order/ false accusations/ elder abuse/ his shady "new" attorney & Living Trust, or challenging the new trust with existing living trust with changes made because of not being of sound mind and husband deceased.


Asked on 5/26/14, 4:55 pm

1 Answer from Attorneys
Charles Perry Law Offices of Charles R. Perry

It is not possible to answer your question, because it all depends on the proof involved.

If you suspect a relative is being abused either physically or financially, you should consult with a lawyer. While there may be nothing you can do unless the relative is placed in a conservatorship (it depends on the consent of the relative) you can at least get some guidance on your specific situation;

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Answered on 5/26/14, 11:33 pm


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