Legal Question in Family Law in California

My brother has had several TSA's, mini-strokes, and seizures from about 2002. He cannot speak clearly but if you are around him long enough you can understand him. He has 24-hr caregiver(s). Approx. 1-1/2 yrs ago, a female friend moved in with him (after her husband in Virginia divorced her and her son will have nothing to do with her). The ex drove with all her belongings which are now in my brother's condo and garage. She does not have an income. They had a spat and she left him alone without telling his family. She moved in with her father who kicked her out a couple of months ago. She is now back with my brother (in his one-bedroom condo) with a boyfriend. The caregiver(s) is still there. She had my brother sign a "will" leaving her everything. Is there anything we can do to have her removed WITHOUT my brother's consent? He wants her there. She has since called Social Security to get his benefits. She questions why he is getting treatment. Should we file a police report just for the record, but what crime can we claim? We are at our wit's end because we don't believe she has his interests in mind - only that she will get his condo (which is paid for) and whatever money he will inherit.

Thank you for any advice. LCK


Asked on 11/11/10, 6:55 am

1 Answer from Attorneys

If your brother is over 65, the crime is elder financial abuse. Contact the elder abuse unit of your county district attorney's office. If he is not over 65, it sounds like you need to apply to have a conservator appointed for him, and then take civil legal action against her on his behalf, starting with a restraining order.

Read more
Answered on 11/16/10, 12:32 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California