Legal Question in Elder Law in California

Is leaving the elderly alone elder abuse?

I live with my mother in my grandmother's house. My grandmother is currently on blood thinners from a bloodclot and my aunt says that if we leave her alone at any time she will report us for elderly abuse, although my aunt is the one who is power of attorney over her. My mother works almost every day and is struggling with money. On weekends she has to go looking for a house since she is getting married soon and we will be moving. I am 18 years old currently looking for a job and will soon be starting college, meaning my grandmother will be left alone for a few hours during the day. My aunt tells me now that when my mother is gone at work, I am not to leave the house at any time, basically saying I'm not allowed to get a job or start college since I will get in trouble for not looking after her during the day since I'm 18 now. I wanted to know if what my aunt says is really true about this and if leaving my grandmother alone is illegal and we will get fined for it or sent to jail.


Asked on 5/15/05, 1:25 pm

4 Answers from Attorneys

Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Is leaving the elderly alone elder abuse?

If you've agreed to stay, you could be in trouble if you left and something happened. Instead, you can let her know there are a few hours that are uncovered, and since she's taken the responsibility of acting as agent under the power of attorney, it's her responsibility to find someone to watch your grandmother for those few hours (if indeed that's the physician's recommendation). I doubt your aunt will react well to this, but perhaps you can work something out.

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Answered on 5/15/05, 10:50 pm
Scott Schomer Schomer Law Group

Re: Is leaving the elderly alone elder abuse?

Slavery was outlawed more than 100 years ago; you cannot be legally forced to care for someone who is not your charge (i.e. your child). I would give everyone reasonable notice of your intentions to work, leave or move on. The only downside for you is if you leave, it sounds like you will no longer receive any support like room & board or tuition. If these things don't matter, then move on.

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Answered on 5/16/05, 8:15 am
Terry A. Nelson Nelson & Lawless

Re: Is leaving the elderly alone elder abuse?

Sounds like you need to invite the family to take over care so you and your mother can work and do the things necessary in you lives. If no one else will care for her, she should be put into a residential care home for her own safety.

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Answered on 5/16/05, 2:10 pm
Michael Olden Law Offices of Michael A. Olden

Re: Is leaving the elderly alone elder abuse?

the family dynamic is ssssooooo totally abnormal that i cannot believe you are that naiavee (sp.) who is you aunt any way, god !!!!!! what gives her the right to determine elder abuse or even minor (you are underage arn't you?????) abuse ---- see an attorney immediatly who can help you

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Answered on 5/15/05, 3:03 pm


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