My brother has an illegal power of attorney over our mother, he had signed…

My brother has an illegal power of attorney over our mother, he had signed after she was diagnosed with Alzheimer’s, he is trying to rent her house out and have the check come in his name, how would I go about going to court and getting athe POW cancelled! He also has been misusing her money with no accountabilty, does he have to keep records of the money he has spent and what for?

Hello,

My sister and I have a problem with a mobile home my mother…

Hello,

My sister and I have a problem with a mobile home my mother left us when she died in 2007. The mobile home is in a mobile home park east of Sacramento. The problem is that she left legal language in her documents to give a “Gift of Right of Occupancy” to a male friend of hers who had lived with her as a friend. They were never married, so there is no legal relationship that my sister and I have with him. The man’s blood relations have not taken care of him, but his son stole items from our mother’s mobile home when he was visiting his father once. However, my sister and her husband, myself and the rest of my family have treated him (the father) like a family member. He is in his mid-80s and fell recently, shattering his hip. After surgery in the hospital and a short recovery period, the attending doctor determined that he could not be without full-time care and so he was discharged to a skilled nursing facility. Here is our problem: he has not met the terms of the “Right of Occupancy” for quite some time, has been addicted to Vicadin for over 2 years and has not kept up the maintenance of the property to the point that we have had to pay thousands of dollars in repairs that could have been avoided. Additionally, his blood daughter has Power of Attorney, and his checkbook, so we do not know what to do. We need to remove his things from the mobile home, do whatever we can to clean up the mess he has left behind and repair whatever other damage has occurred from what was not maintained and try our best to sell the mobile home as soon as possible because of the great loss we have already incurred. We cannot rent the property, for it is against the mobile park regulations. I have looked online at the CALIFORNIA CIVIL CODE DIVISION 2, PART 2, CHAPTER 2.5, MOBILEHOME RESIDENCY LAW AND CHAPTER 2.6 RECREATIONAL VEHICLE PARK OCCUPANCY LAW and cannot figure out how our situation relates to the code since he is not a “renter” or “tenant”, as far as I understand it. However, I also see the 3-day eviction notice conditions and realize he has broken the conditions of his “Right of Occupancy” over and over, so again, we don’t know what to do.

Do you have any ideas to help or can you direct us to the correct code sections that might cover this type of thing?

Many thanks for your kindness,
Joy

Can the State of California Take it All Our father has Alzheimers and is a…

Can the State of California Take it All
Our father has Alzheimers and is a total vegetable. Our mother died in Nov. 2004 and did not leave a will or trust. Our parents left their life insurance policies in each others’ names.
There is a checking account with my brother’s name and both parents’ names. There are separate IRAs in each parent’s name. My brother has Power of Attorney over my father because he cannot do anything like walking or talking.

The State of California has been paying for our father’s care in a healthcare home. Medicare stopped paying for my father’s care saying he has too many assets.

Is the bank account with our parent’s names and my brother’s name on divideable and if so, how?

We believe our mother’s life insurance policy goes to our father and when he dies, the State of California will take both policies. Would the same be true for the IRAs?

Can the State of California try to make my brother and I pay for our father’s care?

Power of Attorney and Estate question I have a grandma and a step grandfather,…

Power of Attorney and Estate question
I have a grandma and a step grandfather, they have been married for about 27 years, so we have my mom and her brothers / sisters from a different dad on my grandmas side and then children on my step grandfathers side of the family, within the last couple of years my step grandfather has been diagnosed with dementia or azhemiers something like that so my grandmother has been taking care of him, recently his oldest son went and got power of attorney over him with my grandmother not knowing and now his oldest son is saying that the apartment that my step grandfather owns and purchased only 4 months before my grandma and step grandfather got married is going to only be left to my step grandfathers side of the family. My question is even if the apartments are in my step grandfathers name and even if in his will he says he wants the property to go to his side of the family (ex. oldest son) doesn’t my grandmother still own half of the apartments because she is married to him? Also could she somehow get power of attorney instead of the oldest son having it? and finally does my grandmother being his wife have the right to look at the power of attorney documents that were written up between my step grandfather and his oldest?