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legalgems, Arbitrator
Category: Real Estate Law
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My 93 year old father has had s grandson living with m and

Customer Question

My 93 year old father has had his grandson living with him and "caring" for him. He is doing a terrible job and I am on my way next week to get my father. If we are in another county, can he still get a court order to evict him or does it need to be in the same county?
Submitted: 3 months ago.
Category: Real Estate Law
Expert:  legalgems replied 3 months ago.

I am so sorry to hear this;

fortunately CA is very aggressive when it comes to elder exploitation/abuse (financial and emotional)

The eviction would need to occur in the county where the property is located; I would urge you to hire an attorney to handle the eviction otherwise the senior would have to file the paperwork and appear as a self represented person; and this cannot be avoided- for example, one cannot give a power of attorney for a matter such as this; it would require the senior to appear or to hire an attorney.

If there is an issue of emotional/physical abuse, one can actually file for a restraining order, which can result in the removal of the abuser. They are called "kick out orders"

please see:

APS may be able to assist with that- it will depend on the local county and there level of service.

Here are the statutes that may be involved in elder abuse cases:

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  legalgems replied 3 months ago.

Checking in on the above;

Thank you for using Just Answer.

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