Legal Question in Elder Law in California

my uncle has cancer and was sent home and is now on hospice, his recently new wife as of a month ago is seriously neglecting him She gets ssi check monthly claiming she is mentally ill and she puts these braces around her arms, she claims she cant remeber simple things such as where her tooth brush is, but yet she is not allowing my mother to have contact to my uncle, recently I found out there have been 13 life insurance polocies taken out on my uncle by this lady. My mother wants to get my uncle out of there, we can not afford to hire a lawyer. but we dont know where to start to get him removed. his case worker through hospice is the new wifes friend, and put a note in the file to not discuss this with know one but the wife, what can I do where do I start, can I go straight to court and file for gaurdianship ? even though he has a wife?


Asked on 5/02/11, 10:33 am

2 Answers from Attorneys

You can and should file for a conservatorship, and possibly elder abuse charges. Contact your district attorney. They will have an elder abuse unit.

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Answered on 5/02/11, 10:35 am
Terry A. Nelson Nelson & Lawless

Definitely sounds like potential elder abuse and worrisome. Family members could apply to become Conservator or Guardian, but can immediately contact local police, Dept of Social Services, Public Guardian, etc., to complain and seek their prompt investigation. If serious about hiring counsel to help in obtaining Conservatorship or Guardianship to protect him, feel free to contact me.

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Answered on 5/02/11, 4:33 pm


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