Legal Question in Elder Law in California

I have a question, i am a caregiver and i suspect another caregiver asked large amount of money to eldery (arround $150,000). is that part of exploitation/abuse financial? what about if she asked the money and have lawyer for asking the money to eldery. so the eldery sign the check for her. is that legal?

thank you.


Asked on 2/10/11, 2:32 pm

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Sounds like theft and elder abuse. Report the facts to the local police. Also find out if the elder has any family that can take responsibility for filing a lawsuit to recover the money. If so, have them call me. Or, if the elder can act for themselves, have them call me for legal help. If there is any of the money left, they need to try to recover it.

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Answered on 2/10/11, 2:56 pm
Chris Johnson Christopher B. Johnson, Attorney at Law

It doesn't sound right, though I can't say for sure without knowing more. There are a lot of restrictions on gifts to caretakers because of the potential for elder abuse. I'd report this to the police, and also to your county's office of Adult Protective Services. She (or someone on her behalf) may also need to hire a probate litigation attorney to recover the money before it gets spent.

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Answered on 2/10/11, 7:22 pm


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