Legal Question in Elder Law in California

We believe our elderly uncle is being taken advantage of by his housekeeper and one of his friends. He is 86 and lives alone, and we believe these people are conspiriing to empty his bank accounts. They have admitted using his charge cards to make purchases, his ATM card to make withdraws, and had him transfer title to his automobile. Recently, our uncle received a $250,000 payout, and now he has no idea where the money is.

We know something needs to be done, most likely some sort of guardianship. But are we too late? Please advise!

Michael and Lynn


Asked on 5/26/15, 4:24 pm

1 Answer from Attorneys
Charles Perry Law Offices of Charles R. Perry

You are not too late to prevent any further taking of your uncle's property. You are not too late to commence proceedings against anyone who wrongfully took your uncle's money. You may be too late to recover much against the people who took the money, since that money may already be spent. That will take further investigation.

It sounds like you need at least a power of attorney, and perhaps a conservatorship over the estate of your uncle. You will need to talk to an attorney who handles conservatorships and financial elder abuse cases. If your uncle consents to the conservatorship over his estate, that piece should be straightforward. The elder abuse case against those who took his money are another story.

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Answered on 5/26/15, 11:33 pm


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