Legal Question in Elder Law in California

I have a grandma that has alzhiemers and her grand-daughter had her go and get a reverse mortgage. All of a sudden there was 45,000 dollars put into her checking account and her daughter keeps a close eye on grandmas account and the granddaughter knows that her aunt keeps an eye on the checking account but she dosent realize that she keeps an eye on all her accounts. The granddaughter has my grandmas atm card and yesterday we were checking on her account and realized that 5900 was transfered from a online transaction to who knows where. All of a sudden we checked the savings account and there it was. As of friday last week there was 38 dollars in the account all of a sudden there is almost 6,000 in the account. We have noticed that on the 18th there was a online transfer from the savings account of 967 dollars and then on the 19th there was a 600 dollar atm withdrawl. My grandma does not get on any computers and does not drive and was out of town on the 19th with me and her daughter so I know that she did not do this. I need to know what we can do to get this resolved and if there is any legal recourse we can take against the granddaughter. Last night her and her husband showed up with a new 46 inch tv. They are staying at my grandmas house. Please give me some advice on what we should do. I am desperate to protect my grandma.


Asked on 1/21/11, 7:58 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Immediately file a police report of theft and elder abuse. The family can also file a civil action to try to get the money back, including seeking an emergency restraining order to freeze the culprit's bank accounts so the money can't be spent. The Grandma appears to need a formally court appointed conservator, unless the family can take better informal care of her. If serious about getting legal help in this, feel free to contact me.

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Answered on 1/26/11, 10:31 am


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