Legal Question in Elder Law in California

I'm writing on behalf of my friend. He has a 14 year old son with a woman who became very unstable on meth and heroin and pills soon after their son was born. My friend decided when he went back to college in his early 40s to move in to his ex's mom's house so his son would have a grandmother for support since his mom was absent on drugs. He and his son have been living there for years.

Last week, the grandmother had a severe stroke in the left side of brain. It is doubtful that she will come back to the house. Within an hour of her going to the hospital, her daughter, was in her house, taking her purse, credit cards, pills, and even taking out her mom's new car (her own car was actually her mom' s old car she had taken previously and wouldn't give back so her mom had to get a new one). She is refusing to leave the house now. My friend and his son have tried several times to get her out but each time she breaks back in (through windows, etc). They've called the police but they said they could do nothing for them to get her out of the house. She is claiming she has squatter's rights. My friend and his son, after years if living with grandma, are now living with me and my friend's parents. She is destroying the house...cigarette butts on floor, smells of drugs being smoked, trash everywhere and so on. She is aggressive, manipulative, and abusive to both my friend and their son.

They don't want to tell grandma the situation due to her fragile state. She would be horrified to know her daughter has driven her grandson and his dad from her house. I'm seeing that they have no other choice. By getting her to state she does not want her daughter in her home, wouldn't that give the police reason to remove her?

Just trying to find the best ways to go about this situation.

Thank you


Asked on 9/05/14, 2:28 pm

1 Answer from Attorneys
Charles Perry Law Offices of Charles R. Perry

The grandmother almost certainly must be brought into the conversation, unless there is a lease or other writing to show that your friend and the grandson can live in the house. You may need a conservator for the grandmother, or an action by the father as guardian ad litem for the grandmother.

Your friend may also wish to consult with an elder law attorney for assistance.

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Answered on 9/06/14, 1:56 am


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