Legal Question in Elder Law in California

I have been a caregiver for a woman for the past year. I became ill and went into the hospital and prior to my leaving I contacted a close friend of my charge who was assisting her before I met my charge. She inturn contacted 2 other women from the LDS church (all of the above are members of the same) and between the 3 of them were checking on, bathing and feeding my charge. I was gone for 9 days. Upon my return I had been locked out of the house, not allowed entry to my room. Not allowed to speak or see my charge all done by two women I had never seen before and are also from the church. They said I abandoned my charge and then filed a elder abuse restraing order which I have to appear on 9-23-13. All the information they wrote in the request for order are lies. I have photos, videos, journal entries and more showing how she was when I began there and all the changes that have been made. These same women attended the 87th bday of my charge and all complemented me on how clean the house is and how happy my charge was compared to before. I have a poa for financial transactions, and her AHD only. Her son in Tennesee has suddenly taken an intrest in his mothers affairs and has accused me of trying to extract from his mothers estate and accessing her other son's bank account whom is in a mental facility. How can I even begin to defend myself against all these lies and accusations? They have caused me to become homeless and have broken into my bedroom and stolen things inclusing my birth certificate!

Asked on 9/17/13, 12:31 pm

1 Answer from Attorneys

Charles Perry Law Offices of Charles R. Perry

You can start by writing a polite but firm letter requesting the return of your things, and entry to the house. If you were lawfully living in that house (i.e., you had the permission of the owner), you may have a claim for the damages due to the lockout.

You probably need to meet with a lawyer to review the paperwork for the upcoming hearing. It is not possible to advise you on-line here, since (a) I cannot see the charges being brought; and (b) advice here is not confidential.

You definitely need to appear at the 9/23/13 hearing.

Best of luck to you.

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Answered on 9/18/13, 3:21 am

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