Legal Question in Elder Law in California
Family Caregiver Responsibilities
After my father suffered a stroke and was diagnosed with COPD in 1998, my Aunt (his sister) became the fiduciary and primary caregiver to him. She exclusively handled all his financial and personal matters for over 4 years. My father recently passed away and the children have discovered that all of our father's assets our now in our Aunt's name! Further, my Aunt STOPPED taking him to the Doctors and was providing him excessive alcohol towards the end, which contributed to his death. In addition to the financial abuse, did she ''neglect'' our father by failing to seek medical assistance or notifying the children of same.
2 Answers from Attorneys
Re: Family Caregiver Responsibilities
Consult with attorneys experienced in elder abuse law right away--there may be both physical and financial elder abuse and if so, your father's assets may be recoverable from your aunt, and perhaps other damages and attorney fees. This is a specialized area of the law, so find attorneys familiar with California's (fairly recent) elder abuse statutes.
Re: Family Caregiver Responsibilities
If you are willing to consider legal action against your aunt, then it may be possible to recover some or all of the assets improperly used or transfered. Time is of the essence, so call if interested in discussing. 714-960-7584
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