form of elder abuse?

[jhari]

What is the name of your state? California

my friends father died and did not leave a will. My friend is and only child and thought that the property would be hers come to find out the caretaker somehow is on the deed and has had her family leaving there for over two years. Her father suffered from dementia that is documented in his medical files starting in 1998. i beleive this women took advantage his state in order to get his house. the caretaker mislead my friend to beleive she had power of attorney over her father affairs. come to find out she had power of attorney over his medical affairs. When my friend discovered the person was on the deed she hired a lawyer in 10/03 and he has since done nothing accept cash the check for a retainer. what should be her next step in this matter.?

 

[Dandy Don]

Did your friend sign an official agreement or contract with this attorney? What type of attorney is it--one who specializes is probate, or civil matters, or what?

Has anyone claimed his bank accounts and other important financial assets?

Check at the county courthouse probate court to see if anyone has filed to be administrator of this man's estate. If no one has, then your friend needs to file to be administrator or hire a probate attorney who can serve as administrator, and then the administrator has enough authority to start claiming any and all assets. Your friend has the right to get answers from this attorney as to how she should proceed and she needs to be asking him:

(1) Can I get do anything to reverse or cancel the transactions that this lady has done as medical power of attorney and how can we find out what else she has done with his estate?

(2) What can we do to review and terminate her putting her name (wrongfully) on the deed (probate attorney will probably need to consult with a real estate attorney about this)?

If this attorney won't give her answers, then she needs to ask for a refund and immediately get another PROBATE attorney and also file a complaint now with the local county or state bar association.