Legal Question in Elder Law in California

Elder Abuse

My father passed in April 1998. My parents created a family trust October 1992.

After my brother's death in

October 2005, my mother cannot

understand very much English.

She speaks fluent Chinese. My

sister made my 87 year old

mother sign her power of attorney without her knowledge

of this paperwork. My sister

also made her sign paperwork

to become joint tenant of her

part of the living trust. Is

this legal? Is there anything

I can do before my mother's money is all spent?


Asked on 8/06/06, 9:01 pm

2 Answers from Attorneys
Todd Stevenson Stevenson Law Office

Re: Elder Abuse

Yes, you should hire an attorney as soon as possible.

The situation you describe may result in your father's wishes not being carried out, depending on the terms of the 1992 trust as you described. This may be an elder financial abuse case and/or a breach of trust case.

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Answered on 8/07/06, 12:14 pm
Terry A. Nelson Nelson & Lawless

Re: Elder Abuse

If you can't get it straightened out informally, your mother will need to file suit for fraud and conversion. Contact if you need to do so, and if it is in Southern California.

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Answered on 8/07/06, 4:51 pm


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