Legal Question in Elder Law in California

Re: elder abuse

Sorry to hear about your problem. It is possible for a court to step in if your dad is incompetent and you can prove that. However, there may be other things you can do.

Have you asked your dad why it is a good idea to put her name on the property? There is probably no good reason for him to do this. However, if your dad is not thinking clearly, he may be driven by emotion. You might look at Probate Code Section 21350, or civil code and Civil Code Section 1575 for starters. If you want me to look into whether you can bring a legal action now, or whether you have to wait, feel free to contact me. I would have to research to find the answer.

Best,

Daniel

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Re: elder abuse

"Case" against her? No. Not unless she has committed some provable crime or actual fraud.

However, a conservatorship could be sought on your dad, if you're willing and able to demonstrate to the court that he is 'incompetent' to handle his own finances. If so, feel free to contact me to discuss the facts, procedures and costs necessary.

Re: elder abuse

Yes. But, remember, there is a difference between undue influence, which is unlawful and influence, which is not.