Legal Question in Elder Law in California

Elder abuse by son

My parents (age 81 and 86) have three of my brothers living with them (all adults, one fully disabled). Of the two non-disabled, one takes care of my parents and I just found out the other (I'll call X) is abusing them financially, and threatening physical abuse. X was recently diagnosed schizophrenic and has ''episodes'' several times a week where he's paranoid and threatens to harm my dad and brother.

X hasn't worked in over 15 years. My mom controls the finances and gives X large sums of money. X keeps after her (frequently waking her at 2 or 3am when she's less able to say no) until she gives in and he spins lies which she falls for giving him more money. None of which they can afford. They're living on Social Security and my dad's military pension. Apparently X's taking money in this manner has been going on for years and because of this the house is in total disrepair, to the point it's hardly inhabitable. My dad would be willing to take legal steps to stop this but he's very frail now and unable to do much.

Is there anything I can do without my mom's permission and without too much stress on my dad? They live in LA County.


Asked on 1/31/02, 7:32 pm

3 Answers from Attorneys
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Elder abuse by son

Contact Adult Protective Services--get the local number from the County of Los Angeles Area Agency on Aging at (213) 738-4004.

The next step would be to plan for your parents' incapacity with powers of attorney and possibly a trust. If they are already incapacitated, a conservatorship may be needed if no powers of attorney are already in place.

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Answered on 2/01/02, 5:16 pm
Ken Koenen Koenen & Tokunaga, P.C.

Re: Elder abuse by son

You and the other brother could try to set up a conservatorship. It appears that your parents are unable to care for themselves and their finances. This would put control of the assets in one or both of your names.

If they are willing to voluntarily do something, they can put all their assets into a trust, with you and your other brother as trustees.

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Answered on 1/31/02, 8:13 pm
Barry Adams Adams & Rafferty

Re: Elder abuse by son

You should call Adult Protective Services and ask for an investigation. This sounds like it could be a dangerous situation. A conservatorship is an option but it is expensive and takes a while to set up. You should have your father execute a durable power of attorney and advanced health care directive in your favor which would give you the same basic powers as a conservatorship as to your father. Father may want to put some money in his own name alone to protect from son. This is a complicated matter and you should seek legal advice of a local attorney.

Barry Adams

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Answered on 2/01/02, 12:55 pm


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