Legal Question in Elder Law in California

taking advantage of a elderly cancer patient

My uncle is in his mid 60's and he has been living with cancer for the last 11 years, but now he is pretty far along and he has a limited time left to live.

His house cleaner Lisa that was coming one a week, now comes 5-7 days a week and he pays her $100 a day. She has talked him into moving her and her kids into a home that is 4 houses away from him and he had to pay for the moving cost including rent and deposit that was over $4000.

She was also having her mother and cousin coming over on days she could not come and ''clean'' her brother is in the ''hells angels'' motorcycle club and Lisa has told my uncle stories about him and he is afraid for his life if he lets her go. He also added her to his will by giving her a $50000 car. He now wants to change the will and remove her but he is afraid of retaliation from her and her family. He is scarred that they will harm him or his home.

This is her only source of income and she has a boyfriend that does not work living in the house my uncle got for her and her kids.

My uncle said,'' my arms are tied behind my back'' because he feels like he needs this woman their with him to help him around his house. He had over 200000 in his savings and now has less then 50000 since she came.


Asked on 4/22/09, 4:03 pm

2 Answers from Attorneys
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: taking advantage of a elderly cancer patient

I'm not sure what the chances are of recovering what's gone (unless she's got other assets), but to bring your uncle some peace of mind and protect what he has left, try a call to Adult Protective Services, a county agency tasked with investigating reports of financial elder abuse.

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Answered on 4/22/09, 5:28 pm
Terry A. Nelson Nelson & Lawless

Re: taking advantage of a elderly cancer patient

Get him to a local attorney to discuss taking action to help him get rid of her and her expenses, and to possibly sue to recover property and funds under a theory of 'financial elder abuse'. He could possibly get a restraining order to make him feel more comfortable. The attorney may also recommend bringing in the police and Adult Protective Services for the purpose of filing criminal charges against her. Do not delay.

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Answered on 4/22/09, 5:54 pm


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