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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 111635
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I have a 60 days to move, because the county removed my mom

Customer Question

I have a 60 days to move, because the county removed my mom from her house, how do I fight this?
JA: The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: no
JA: Please tell me everything you can about this issue so the Lawyer can help you best. Please give me a bit more information, so we can help you best.
Customer: I was caring for my mom, and alameda county came to my house, saying they heard my mom screaming and removed her from the house and put her in a care home. and alameda county put her under guardian care, now they taking the home I care for her in and my disabled brother.
JA: Is there anything else important you think the Lawyer should know?
Customer: I have until April 8 2016 to surrender property
JA: OK. Got it. Last thing - JustAnswer charges a fee (generally around $36) to post your type of question (you only pay if satisfied). While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 10 months ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Why are they taking the home if your brother is still living there? Or did they remove your disabled brother too? If she owns the home, why are they taking it?
Customer: replied 10 months ago.
My mother now is living in a Boarding Care House in Castro Valley, CA. Alameda County The Public Guardian want to take the property away from her children to help pay for her room and care at the place where she staying. The person that own the place in Castro Valley, stated that they not charging that much for her to stay. My disable brother is still living in the home. My mother had (3) bank accounts and the Public Guardian just went through her funds within 2 years and she had a retirement funds and they went through that within 3 to 4 months. Now they are trying to removed her children from the home which is paid for. However, we my brothers and I would want my mother to return home and we will provide all her care. Can I stop this process from being remove from the home. Can I start a process of returning my mother to her home.
Thank you, ***** ***** your response
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your reply.
Is the house in your mom's name only? She never put your name on the house?
Customer: replied 10 months ago.
Her name only
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your reply.
This is a problem and your only option is to go to court to file a petition for guardianship and seek to take away her guardianship from the public guardian. You will need to show in court that they have no evidence that she was not being properly cared for and that the state had no legal right to remove her permanently from your care (they could remove her for investigation, but then they have to prove you were neglecting or mistreating her to continue to keep her).
This means you need to get a local attorney to represent you, but going to court is the only option left to save the home and also get your mom returned. You can go to the local legal aid office or call the state bar for the pro bono attorneys in your area if you cannot find a local elder law attorney you can afford at http://www.hg.org.

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