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legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 8715
Experience:  Just Answer consultant at Self employed
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I've been having suspicions about my mom's (92) caretaker an

Customer Question

I've been having suspicions about my mom's (92) caretaker and the agency. I don't have proof of anything. But I document everything. Phone calls, texts , emails ,etc. Mom has early dementia. My brother is the only other surviving family left. But he lives in PA and doesn't believe me. He pays for moms care so my hands are tied. I investigated her on my computer but it's a dead end. As is she doesn't exist. What shall I do? I'm frightened. But I know somethings not right.
Submitted: 11 months ago.
Category: Legal
Expert:  legalgems replied 11 months ago.
What state is this in regards ***** *****?
Customer: replied 11 months ago.
California
Customer: replied 11 months ago.
I know that her taxes aren't necessarily right. I know she has several web sites that say her agar cry serves the greater NYC area. She said she's never been outside of California. She doesn't keep a record trail. I've asked her repeatedly. She has a good answer for everything. The circumstances surrounding moms partners death 5 mos don't sit right with. I hope I'm wrong about her but I strongly believe that I have reason to be concerned.
Customer: replied 11 months ago.
J
Customer: replied 11 months ago.
Is there a national register or caretakers association. I also suspect other questionable instances of activities going on. But I'm afraid to say. Especially over Internet. It's s big risk for putting my billing info out there. I'm trusting and hoping you are honest and lead me in the right direction.
Customer: replied 11 months ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Legal Discussion by Email + Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 11 months ago.
I actually would prefer a phone call. But I'm already a little anxious about giving my. card # ***** I'm anxiously waiting to hear something from you.
Expert:  legalgems replied 11 months ago.
First, this article should be reviewed:https://www.consumer.ftc.gov/blog/fake-checks-nanny-or-caregiver-scam-0 There is no registry for caretakers unless one hires a licensed caregiver (ie a licensed nurse or CNA) However, CA is very proactive in protecting their seniors. There are statutes that are designed to protect both financial and physical elder abuse (exploitation). First, there are mandated reporters pursuant to Welfare and Institution code 15630 requiring certain people to report suspected abuse;Penal code 422 precluding physical harm to a senior I''m sorry I was researching and typing my response- I will post this so you can review it as I continue.
Expert:  legalgems replied 11 months ago.
W&I code 15610.70. which makes it unlawful for a caregiver or other person to use undue influence (manipulate) the senior.
Expert:  legalgems replied 11 months ago.
CC 1575 defines that as: In the use, by one in whom a confidence is reposed by another, or who holds a real or apparent authority over him, of such confidence or authority for the purpose of obtaining an unfair advantage over him;In taking an unfair advantage of another's weakness of mind; or,In taking a grossly oppressive and unfair advantage of another's necessities or distress.
Expert:  legalgems replied 11 months ago.
Probate code 859 provides: If a court finds that a person has in bad faith wrongfully taken, concealed, or disposed of property belonging to a conservatee, a minor, an elder, a dependent adult, a trust, or the estate of a decedent, or has taken, concealed, or disposed of the property by the use of undue influence in bad faith or through the commission of elder or dependent adult financial abuse, as defined in Section 15610.30 of the Welfare and Institutions Code, the person shall be liable for twice the value of the property recovered by an action under this part. In addition, except as otherwise required by law, including Section 15657.5 of the Welfare and Institutions Code, the person may, in the court's discretion, be liable for reasonable attorney's fees and costs. The remedies provided in this section shall be in addition to any other remedies available in law to a person authorized to bring an action pursuant to this part.
Expert:  legalgems replied 11 months ago.
You can contact this public agency- they have ombudsman who will actually visit the home to ensure that everything is going smoothly and to help address any concerns -these are advocates for the senior:http://www.c4a.info/
Expert:  legalgems replied 11 months ago.
I'm sorry; I am not set up right now to handle phone calls. If you would like to continue on this page, I will definitely do my best to get you the needed information. Please let me know if you would like to continue.
Expert:  legalgems replied 11 months ago.
Also, please note that pursuant to the following probate code, double damages may be awarded to the plaintiff. 859. If a court finds that a person has in bad faith wrongfully taken, concealed, or disposed of property belonging to a conservatee, a minor, an elder, a dependent adult, a trust, or the estate of a decedent, or has taken, concealed, or disposed of the property by the use of undue influence in bad faith or through the commission of elder or dependent adult financial abuse, as defined in Section 15610.30 of the Welfare and Institutions Code, the person shall be liable for twice the value of the property recovered by an action under this part. In addition, except as otherwise required by law, including Section 15657.5 of the Welfare and Institutions Code, the person may, in the court's discretion, be liable for reasonable attorney's fees and costs. The remedies provided in this section shall be in addition to any other remedies available in law to a person authorized to bring an action pursuant to this part. If satisfied, kindly rate positively-thank you!

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