Legal Question in Elder Law in California

My 55 year old brother is living off my elderly parents in California. He uses all resources, he brings children he calls friends to the house pays no rent, my parents have told him not to but still does. he trashes the house, we are providing 24 hour a day physical support for my parents who are 90 and 87. He had to hide my fathers keys from him because he will take the car. For a few years he had one kid living at the house, he got them out of child protective services and moved him in, when asked he gets mad and says he takes it personally. My sisters are afraid of him, we called the cops about the kids and they said he can have whoever he wants there


Asked on 6/19/14, 10:36 am

1 Answer from Attorneys
Aaron Feldman Feldman Law Group

This is a terrible situation, but not uncommon. I'm surprised APS hasn't been more aggressive. A couple of options would be: (a) a Power of Attorney and/or becoming Trustee if they have a trust so that brother has no access to finances; (b) a conservatorship for your parents to control other aspects of daily living. I think if you take away his access to resources, you will go along way to bringing his behavior under control. If not, then your parents may need to get a restraining order against him. But if they allow him to live there, then problems will only continue.

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Answered on 6/19/14, 12:53 pm


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