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Elder.Abuse
- Thread starter McGurk
- Start date
Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills Please click a topic or scroll down for more.
Elder is generally charged under CPC 368 so it is a criminal charge although there may be specific civil aspects to it. There are several routes for such a charge, either mandated reports, reports to CPS and or to law enforcement. So, yes there may be no criminal charge or conviction but a civil action may still prevail, each has a different burden of proof.
If you provide more information it may be helpful, including the county because enforcement varies.
If you provide more information it may be helpful, including the county because enforcement varies.
I AM ALWAYS LIABLE
Senior Member
My response:
You can get a new keyboard for 8 to 10 dollars. Make the effort.
IAAL
You can get a new keyboard for 8 to 10 dollars. Make the effort.
IAAL
The.charge.is.part.of.an.attempt.to.to.obtain.some.of.his.fathers.estate.He.
was.left.$1.00..the.trust.was.approved.in.probate.court.while.my.Dad.was.
still.alive.and.competent.my.Dad.thought..that.would.protect.me.from.my.brother
trying.to.break.the.trust...He's.asking.the.court.to.deem.me.to.have.predeceased
my.Dad.as.a.elder.abuser.and.then.he.is.sole.beneficiary.
was.left.$1.00..the.trust.was.approved.in.probate.court.while.my.Dad.was.
still.alive.and.competent.my.Dad.thought..that.would.protect.me.from.my.brother
trying.to.break.the.trust...He's.asking.the.court.to.deem.me.to.have.predeceased
my.Dad.as.a.elder.abuser.and.then.he.is.sole.beneficiary.
I'm adding your other post.McGurk said:The.charge.is.part.of.an.attempt.to.to.obtain.some.of.his.fathers.estate.He.
was.left.$1.00..the.trust.was.approved.in.probate.court.while.my.Dad.was.
still.alive.and.competent.my.Dad.thought..that.would.protect.me.from.my.brother
trying.to.break.the.trust...He's.asking.the.court.to.deem.me.to.have.predeceased
my.Dad.as.a.elder.abuser.and.then.he.is.sole.beneficiary.
WHO certified your father as competent to make the will/trust?McGurk said:I'm.in.CA.also.and.my.father.had.his.trust.approved.by.the.probate.court.while
he.was.still.alive.and.competent.giving.notice.to.anyone.who.wanted.to.object.
That.still.wasn't.enough.his.son.is.suing.his.daughter.for.wrongful.disinheritence
in.civil.court.I've.asked.what.more.he.could.have.done.to.protect.me.from.my
brother.and.nobody.has.any.answers.
What county?
What is he charging as elder abuse?
Court.appointed.Dr.who.also.concluded.there.was.no.undue.influence.by.me,
San.Francisco
Neglect.,physical.abuse.undue.influence.and.interference.with.some.oral.
agreement.he.(my.father)had.with.my.mother(died.in.1991)that.whoever.died
first.would.leave.everything.to.the.otheras.long.as.they.promised.to.(when.they
died)leave.everything.50/50.to.the.two.kids.????
San.Francisco
Neglect.,physical.abuse.undue.influence.and.interference.with.some.oral.
agreement.he.(my.father)had.with.my.mother(died.in.1991)that.whoever.died
first.would.leave.everything.to.the.otheras.long.as.they.promised.to.(when.they
died)leave.everything.50/50.to.the.two.kids.????
What did your mother's will say?
What did your brother do that he doesn't deserve his 50 % that he would have got if father died instate?
Was there a competency evaluation for your mother?
How do you know there wasn't a verbal agreement?
See Cal EC 623 for verbal agreements.
How much is the costing to fight?
What did your brother do that he doesn't deserve his 50 % that he would have got if father died instate?
Was there a competency evaluation for your mother?
How do you know there wasn't a verbal agreement?
See Cal EC 623 for verbal agreements.
How much is the costing to fight?
My.mothers.will.left.everything.to.my.father."to.do.with.as.he.sees.fit"
My.mother.died.of.cancer.no.competency.test.
My.father.had.a.mild.stroke.2001,.had.a.lawyer.had.a.will.leaving.my.brother.1/3
before.my.father.was.even.out.of.the.hospital.my.brother.tried.to.put.him.in
a.home.and.I.had.POA,and.my.brother.got.a.emergency.conservatorship,
without.talking.to.my.fathers.attorney.or.my.father.or.me..it.was.unnecessary
treacherous.and.humiliated.my.father.Conservatorship.costs..the.estate.250k,
my.brother.,I.know.there.was.no.verbal.agreement.between.my.parents.
because.they.discussed.it.with.us.My.brother.knew.in.2001,he.was.getting.1/3
and.that.was.fine.with.him..But.after.his.abominable.behavior.after.my.fathers
stroke.he.was.so.mad.he.left.him.a.buck.my.brother.found.this.out.at.the
hearing.when.the.court.approved.the.trust.My.father.wanted.it.bulletproof.
And.it.is..So,my.brother.came.up.with.this.scheme.
My.mother.died.of.cancer.no.competency.test.
My.father.had.a.mild.stroke.2001,.had.a.lawyer.had.a.will.leaving.my.brother.1/3
before.my.father.was.even.out.of.the.hospital.my.brother.tried.to.put.him.in
a.home.and.I.had.POA,and.my.brother.got.a.emergency.conservatorship,
without.talking.to.my.fathers.attorney.or.my.father.or.me..it.was.unnecessary
treacherous.and.humiliated.my.father.Conservatorship.costs..the.estate.250k,
my.brother.,I.know.there.was.no.verbal.agreement.between.my.parents.
because.they.discussed.it.with.us.My.brother.knew.in.2001,he.was.getting.1/3
and.that.was.fine.with.him..But.after.his.abominable.behavior.after.my.fathers
stroke.he.was.so.mad.he.left.him.a.buck.my.brother.found.this.out.at.the
hearing.when.the.court.approved.the.trust.My.father.wanted.it.bulletproof.
And.it.is..So,my.brother.came.up.with.this.scheme.
Well based on this information, I would say your brother has a case and your fighting it only costs the estate and you more money.
Your brother acted within the law by placing your father in a "home" during the time of his recovery from his stroke and most likely was not competent at that time, He went through the courts and your father must have been found incompetent at that time, he did not have to go through you or his attorney. I see some undue influence. His claim of verbal agreement seems reasonable and your father was angry and not acting with a sound mind following a stroke, you and his attorney benefited by your father's anger. I say do the right thing now and cut your losses.
Your brother acted within the law by placing your father in a "home" during the time of his recovery from his stroke and most likely was not competent at that time, He went through the courts and your father must have been found incompetent at that time, he did not have to go through you or his attorney. I see some undue influence. His claim of verbal agreement seems reasonable and your father was angry and not acting with a sound mind following a stroke, you and his attorney benefited by your father's anger. I say do the right thing now and cut your losses.
confused
The.woman.that.checked.Pop.in.the.hospital.said.he.no.more.belonged.in.a.home
then.she.did...This.made.my.brother.very.angry..Pop.came.home.and.improved.
I.took.him.to.rehab.for.weeks.and.the.conservator.said.my.brother.wanted.a.competency
test.and.the.Ct.Appt.Dr.conclued.no.undue.influence.and.competent.This.was
AFTER.he.disiinherited.my.brother.Pop.was.sittin.in.court.fine.and.dandy.when
he.had.the.probate.court.do.the.substitued.judgment.He.thought.this.would
protect.me.
The.woman.that.checked.Pop.in.the.hospital.said.he.no.more.belonged.in.a.home
then.she.did...This.made.my.brother.very.angry..Pop.came.home.and.improved.
I.took.him.to.rehab.for.weeks.and.the.conservator.said.my.brother.wanted.a.competency
test.and.the.Ct.Appt.Dr.conclued.no.undue.influence.and.competent.This.was
AFTER.he.disiinherited.my.brother.Pop.was.sittin.in.court.fine.and.dandy.when
he.had.the.probate.court.do.the.substitued.judgment.He.thought.this.would
protect.me.
Please stop sending PM to me. I question your competency based on your posts.McGurk said:The.woman.that.checked.Pop.in.the.hospital.said.he.no.more.belonged.in.a.home
then.she.did...This.made.my.brother.very.angry..Pop.came.home.and.improved.
I.took.him.to.rehab.for.weeks.and.the.conservator.said.my.brother.wanted.a.competency
test.and.the.Ct.Appt.Dr.conclued.no.undue.influence.and.competent.This.was
AFTER.he.disiinherited.my.brother.Pop.was.sittin.in.court.fine.and.dandy.when
he.had.the.probate.court.do.the.substitued.judgment.He.thought.this.would
protect.me.
Please provide all the facts here on the forum, not just dribs and drabs of changing facts. Here is the text of your most recent of 4 PM's,
" I.mean.I'm.confused
The.court.appointed.Dr.said.that.Pop.was.competent.
My.father.was.sitting.in.the.courtroom.when.he.had.the.court.enter.a.substituted.judgment.of
court.approved.confirm.or.whatever.with.a.substituted
judgment.his.revocable.living.trust..and.my.brother.was
noticed.appeared.with.a.lawyer.and.objected.to.the.
termination.of.the.conservatorship,but,the,conservator,the.doctor
the.judge.all.agreed.and,my.fathers,trust.was.approved.
My.brother.never.mentioned.anything,about.a.verbal
agreement.while.Pop.was.sitting.right.there.in.court
because.my.father.would.have.said"B.S."
Why.do.you.keep.saying.he.wasn't.competent.and
why.was.it.ok.to.covertly,get.a.professional.conservator
when.I.had.durable.power.of.attorney.since.1985"
You never give dates of your father's stroke, of his death etc.
Your brother did nothing wrong or illegal, apparently you were not taking appropriate care of him and don't appear competent now or when he was put under conservatorship. Your father was put under conservatorship because he was not competant or able to take care of himself.
Your brother did what he thought best based on your incompetency. You were dissed and so you made sure your father was angry, that is undue influence no matter how you dress it up. The fact that you admit your brother was due at least 1/3 of the estate, that is proof that there was an understanding, look at the Ca EC citation I gave you before.
YOU are selfish and angry. This is costing the estate money the more you fight it. Just do what is right, what your mother wanted, give your brother his share of the estate, he did nothing wrong, you did, he should not have to pay for your incompetency.
You.ask.me.to.provide.all.the.facts,.however.you.have.alrady.come.to.a
conclusion...It's.a.long.story..But,I.will.say.this.,.My.competency.has.never
been.an.issue.in.this.litigation.AND.My.fathers.Dr.,The.hospice.workers.the.
Adult.Protection.Services.people.family,friends,neighbors,priests,attorney,
conservator,are.all.in.agreement.that.I.took.eceptional.care.of.my.father.
and.probably.added.years.to.his.life.
conclusion...It's.a.long.story..But,I.will.say.this.,.My.competency.has.never
been.an.issue.in.this.litigation.AND.My.fathers.Dr.,The.hospice.workers.the.
Adult.Protection.Services.people.family,friends,neighbors,priests,attorney,
conservator,are.all.in.agreement.that.I.took.eceptional.care.of.my.father.
and.probably.added.years.to.his.life.
I AM ALWAYS LIABLE
Senior Member
McGurk said:.My.competency.has.never been.an.issue.
My response:
Well, now it is.
You say that your keyboard is broken, and I asked you to replace it for a lousy $10.00, and yet, you have failed or refused to do so - - despite the problems you're posts are caused in terms of legibility.
So, yes, your competency is in question.
IAAL
I.thought.this.was.a.legal.advice.website..
All.I.wanted.to.know.was.if.res.judicata.and/or/collateral.estopal.were.applicable.to
a.substitued.judgment..
I.never.intended.to.or.even.thought.a.person.should.take.up.alot.of.space.in.
the.forum.with.a.long.complicated.story,.I.just.thought.it.would.be.appreciated
if.I.got.right.to.the.point..That.legal.question.has.never.been.answered..I.have
however.been.called.names.ie.selfish,,.and.insulted.ie.called.incompetent.
I'm.still.grieving.the.loss.of.my.father.,and.heartbroken.over.the.attack.my.
brother.first.launched.on.my.father.and.now.on.me..I.don't.understand.the.
insensitivity.and.unkindness.from.the.people.on.this.website.
All.I.wanted.to.know.was.if.res.judicata.and/or/collateral.estopal.were.applicable.to
a.substitued.judgment..
I.never.intended.to.or.even.thought.a.person.should.take.up.alot.of.space.in.
the.forum.with.a.long.complicated.story,.I.just.thought.it.would.be.appreciated
if.I.got.right.to.the.point..That.legal.question.has.never.been.answered..I.have
however.been.called.names.ie.selfish,,.and.insulted.ie.called.incompetent.
I'm.still.grieving.the.loss.of.my.father.,and.heartbroken.over.the.attack.my.
brother.first.launched.on.my.father.and.now.on.me..I.don't.understand.the.
insensitivity.and.unkindness.from.the.people.on.this.website.
McGurk said:California.
If someone has called adult protection services on 4 separate occasions and
each time they concluded everything was fine Can that same person then .
sue you for elder abuse in civil court?
Sir, IAAL is an attorney, he can see you are incompetent.McGurk said:I thought this was a legal advice website..
All I wanted to know was if res judicata and/or/collateral estopal were applicable to a substitued judgment.
I never intended to or even thought a person should take up alot of space in
the forum with a long complicated story, I just thought it would be appreciated
if I got right to the point. That legal question has never been answered. I have however been called names ie.selfish, and insulted ie called incompetent.
I'm still grieving the loss of my father, and heartbroken over the attack my brother first launched on my father and now on me. I don't understand the
insensitivity and unkindness from the people on this website.
I'm a forensic neuroscientist, I'm qualified to do competency evaluations. From everything here, you don't appear to be competent. I posted your question, there is nothing about estopel, I provided the information about estopel. You were posting all over the forum and still have not asked a clear question or provided the facts. What you have admitted is that your brother was due at least 1/3 of the estate. He did nothing wrong or illegal. You are the one costing the estate money. You are selfish. You are still, incompetent.