Legal Question in Landlord & Tenant Law in California

my 86 year old father has lived with me for the past 8 years and now needs 24 hr care i wish to place him in a care facility but he refuses what can i do?


Asked on 4/30/10, 8:00 am

2 Answers from Attorneys

David Gibbs The Gibbs Law Firm, APC

I would suggest that you contact an attorney familiar with elder law. You may have to take legal action to be vested with the power to place him in a home. You cannot force him to go without a court giving you such authority, nor can anyone else. But, I am not an elder-law attorney, so you will want to consult with someone who does this regularly. You probably will not get a reply in this area (landlord & tenants) from someone with that specialized experience and legal knowledge.

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Answered on 5/05/10, 8:22 am
Robert F. Cohen Law Office of Robert F. Cohen

You might have to apply to be his conservator. As part of the court process, a probate investigator will interview him and you, and make recommendations to the court about his care. There are two types of conservators -- one for his physical needs, and one for his financial affairs. More often than not, an individual applies to serve both purposes. A conservator has some stringent requirements though, including making an annual accounting to the court. You might find a conservator's handbook on several of the courts' websites.

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Answered on 5/05/10, 10:53 am


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