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N Cal Attorney
N Cal Attorney, Attorney
Category: Legal
Satisfied Customers: 9081
Experience:  since 1983
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I live in California and I am 61 year old. My 90 year old

Customer Question

I live in California and I am 61 year old. My 90 year old stepfather (of 40 years), Jim, and I share a house. I live in the granny flat upstairs and he lives in the main house. My mother owned the house before her marriage and left it to my brothers and me but Jim has a life estate.Jim's nephew is his guardian as Jim is developing dementia but the nephew lives in another state and is busy with a new career and has stated he does not like the responsibility.Lately, the nephew changed the locks on the house and instructed the caregivers to keep the doors locked at all times and only allow visits from my brothers and I when announced. However, they often do not answer our phone calls or answer the door. It can be weeks at a time I am not allowed to see my stepfather or enter my mother's home. Is this legal? Can they keep Jim a prisoner from his family?
Submitted: 1 year ago.
Category: Legal
Expert:  Attorney2 replied 1 year ago.

Thank you for your question. If your stepfather is being isolated against his will (or if he is unable to express his wishes due to dementia) this can investigated for potential elder abuse. Are you concerned that your stepfather's well being is in jeopardy? If so the state can and will investigate the situation. The court has the ability to appoint a new guardian or your stepfather could become a ward of the state. I understand your concern. I have added this link http://www.dca.ca.gov/consumer/seniors/elder_abuse.shtml. Please let me know if you have any issues accessing the link. http://ag.ca.gov/bmfea/pdfs/citizens_guide.pdf. It would be my pleasure to answer any additional questions that you may have with regard to this matter. Thank you for using JA! If you would be kind enough to rate my service positively so I may receive credit fory work I would appreciate it.

Expert:  N Cal Attorney replied 1 year ago.

New Expert here.

Have you been paying rent or work in lieu of rent to live in the granny flat?

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