Legal Question in Elder Law in California

Re: Dementia

If your father lacked capacity when he signed the deed, and this sounds likely, the transfer can be reversed. Can his doctor's records show his dementia at that time?

He should also have a conservator appointed (this can be you, or someone you nominate) to prevent this type of thing from happening in the future.

Further, if elements of elder abuse are present (financial or physical) in your sister's case, she could owe your father damages beyond simply returning the house to his ownership.

Consult an attorney knowledgeable in elder law and conservatorship about your options.

Re: Dementia

your father cannot devise or convey property to your sister if he lacks the legal mental capacity to do such. from the facts you have given, it sounds like he did not have said capacity and you can challenge your sister's claims and prevail. if you want additional assistance, give me more facts and i will do my best to help you get justice. [email protected]

Re: Dementia

What you described can be deemed elder abuse, depending on the other facts surrounding the transfer. California does have a procedure where this type of transaction can be set aside by the court. Feel free to contact me to discuss a conservatorship for your father and the procedure required.

Regards,

Mina Sirkin, Esq.