Legal Question in Elder Law in California

Is there any legal help or protection for a senior who is not mentally or physically able to handle their own affairs and finances and who has a child that has taken control of said welfare and finances who is abusing his authority and position to serve his own personal need rather then serve the best interests and wishes of the senior?


Asked on 9/29/10, 8:49 pm

2 Answers from Attorneys

Aaron Feldman Feldman Law Group

You should start by talking to Adult Protective Services in your County and possibly and Elder Abuse Unit of the District Attorney's office as well. The senior may need a conservatorship to help manage and protect assets.

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Answered on 10/04/10, 9:56 pm
Rosemary Meagher-Leonard Law Office of Rosemary Meagher-Leonard

I agree with Mr. Feldman. First and foremost, you need to file with the Adult Protective Services in the county where the senior resides. Also, most county�s have an Elder Abuse division with the District Attorney�s office. You should contact both agencies to begin the investigation. You can also contact an elder law attorney to find out about filing a financial elder abuse action against the abuser. In addition, there could be emotion or physical elder abuse issues as these issues often go hand in hand with financial abuse.

The senior may need to be under a Conservatorship because of his/her inability to manage his or her own affairs. I would recommend that you speak with an elder law attorney in your county for further assistance.

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Answered on 10/05/10, 10:54 am


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