Legal Question in Elder Law in California

In 2004, one month after my father passed, my brother hired a woman (Peggy) to draft my mom's Trust, POA for Healthcare, Property and Financial, and her Will. My mom was 83 yrs at the time. The Will and Trust leave my mom's house entirely to my brother despite the fact that she had seven living children. Then in 2007, my brother again used this woman, Peggy, to amend the documents making himself co-trustee and giving him alone her POA. Previously, three of us had POA. Richard claims my mom wrote the documents (both 2004 and 2007 versions). My mom barely has a high school education (circa 1937). As much as I love her, she's not capable of drafting these type of legal documents. Neither is my brother. These documents are witnessed and notarized. Peggy signed as one of the witnesses.

This year, at Peggy's advice, my brother has petitioned the court for conservatorship over my mom (despite his already having this POA). Peggy recommended the lawyer my brother hired to represent him. Further, my brother upon this lawyer's recommendation hired a "contractor" to do some work on my mom's house using my mother's money. Turns out the contractor is married to Peggy. The lawyer and the contractor both failed to disclose the contractor's relationship to Peggy to my brother. The contractor is not a licensed contractor as he claimed and he has failed to return my brother's phone calls for the past month. My brother has no written contract with this man. The only proof is his check copy and me as witness to certain discussions between them.

My brother is elderly (66 yrs currently) and not mentally fit. He refuses to call the police and report the situation. He instead insists on pursuing conservatorship of my mother which has severely drained the families finances. I've filed a competing petition.

Questions: 1. Peggy is not a lawyer nor does she work for a lawyer. Does the above constitute practicing law without a license? If so, to what agency would I report it? This is especially important as Peggy volunteers at senior centers and I know there is at least one other elderly man who was duped by her and her husband. There are likely many more given the number of decades she's been doing this type of work.

2) Do I have any legal recourse by which to get my mom's money back from the "contractor" if Richard continues to refuse to pursue him.


Asked on 6/30/14, 5:39 am

2 Answers from Attorneys
Len Tillem Tillem McNichol & Brown

1) You can contact the County DA Elder Abuse Prosecutor, or Adult Protective Services, or the Police or Sheriff, and file a complaint against Peggy. You could also contact the California State Bar Association and complain about her alleged practice of law without a license.

2) If the husband is not a licensed contractor, then don't pay him. He doesn't have the right to sue on any contract for home repair/maintenance that's for more than $500 in time and materials. The law isn't so clear on whether or not you could get back any money that was paid to him, however.

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Answered on 6/30/14, 9:24 am
Terry A. Nelson Nelson & Lawless

Yes, Mr. Tillem is correct about filing complaints with the police, DA and Public Guardian, but you will likely be told that since there is already a Conservatorship, you will need to file legal action to remove the Conservator because of fraud and misconduct, and replace him with someone else [like you or other relative], and seek an order for an 'accounting' and recovery of the misused money for anyone who got it.

If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me.

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Answered on 6/30/14, 3:31 pm


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