Legal Question in Intellectual Property in California

my mother in law is 87 and has a care taker that lives in her home the care taker will not let me or my wife see her.we went to her home called police they say we need a court order of visitation what can we do?


Asked on 5/18/10, 2:47 pm

3 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

First, your question is asked under the wrong subject heading. "Intellectual Property" deals with patents, trademarks, copyrights and trade secrets. Your question would be directed to attorneys who know about your issues if asked under a heading like "Elder Law" or "custodianship" or something like these. (I do not know all the topic headings LawGuru uses).

I assume the 87-year-old mother-in-law is your wife's mother?

The two of you are certainly entitled, at least, to know more about the situation. The first item should be to learn who employed the caregiver and what her legal and practical status is. She may be court-appointed, or an employee of the mother-in-law, or merely an employee of the residential facility where she lives.

Furthermore, the mother-in-law may range in mental capacity and control of her situation from being sharp as a tack, in full command of her affairs, and simply doesn't want to see her daughter -- or, one the other extreme, she may be a virtual captive who has no control and has either forgotten her relatives or is helpless to reach them.

Perhaps you should contact an elder-law attorney in your area for a (free?) initial consultation. The laws against elder abuse are quite helpful to victims and their relatives and you may be able to recover attorney fees you incur to stop an abusive situation.

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Answered on 5/23/10, 3:08 pm
James Bame San Diego Law Office

This raises red flags. Is the mother under a conservatorship? Should she be? If not, then you may want an elder abuse detective check on her well-being. The D.A.'s office should have a unit. Contact me directly for assistance.

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Answered on 5/24/10, 1:37 pm
Terry A. Nelson Nelson & Lawless

get a court order, since the police will not help. If there is no Conservator or Guardian already appointed by the court over the mother, then you could file seeking that, if you feel your mother needs supervision, if you are willing to assume that role or have someone else willing to do so that you could nominate to the court. You could ask the Public Guardian to investigate and take action if you are not willing or able to do so.

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Answered on 5/24/10, 2:57 pm


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