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Elder law

I live in California; my Mother was injured by a malpractice incident which left her as a blind quadraplegic. She was also declared incompetent by the state. She suffers short term memory loss, and while she still can hold an intelligent conversation she is easily influenced by anyone who is providing her with care. When my mother's husband and primary caretaker died, my Aunt became her Power of Attorney and her assets were placed in a trust. I learned, however, that she stepped down as my mother's POA which then defaulted to my brother.

Since then my brother has been clearly abusing her trust for his own personal needs. He has also neglected to give my mother the 24 hour care she needs. has hired illegal immigrants with little experience to save money and has left her totally alone on numerous occasions. At one point he was even feeding her medicinal marijuana, without a prescription, in food to keep her sedated. When I witnessed that I' contacted Social Services to no avail. They interviewed my brother who denied it. Interviewed my mother who said she was fine (she has no clue as to what is going on). I've also contacted local law enforcement and the D.A. but I have been told due to California budget restraints they can not investigate. My brother has isolated my mother, will not allow me to talk to her without coaxing her through calls and will not allow me to visit her since I had social services pay him a visit.

Can he just get away with this illegal activity? It's clearly elder and fudiciary abuse. Is it true that the only way to stop this "illegal" activity is to hire a lawyer, which can cost me thousands? I'm in total dismay...it seems like the perfect crime and he's taking total advantage of the fact that he's untouchable.

Asked in CA May 19, 2022
Tag: 

# 2,231

Here is the story:

At the nursing home, the patient was incontinent. The patient about 85-90 year old. Hospice patient, stay in the bed, not moving from the bed and can't talk but able to giving respond and feelings. Patient not able to move or control by herself. The patient did in her diaper one day, the nurse assistant turning patients on the side with no side rails (the hospital don't have side rails) to changing the diaper. The nurse assistant turn to the patient on the side, the patient fall on the floor from the bed and change of condition. The next day after the incident, the patient die (4 days a go ). Patient should be estimated by evaluating sudden movements, especially in patients who may have other underlying conditions, that is, neurologic conditions. Cognitive conditions can also affect the patients' capacity to cooperate. The hospital do the investigation according to the nurse assistant testimony (the hands slip and accident happen can't save the patient from fall), the hospital says everything ok and everything by accident. The nurse assistant fine and they just make incident report. The patient's sister (the only one her family) very nice and can't do anything. Just accept the incident. My opinion about this something not right with this nursing home. What should we do with this nursing home, let the staff fails of their care and still working with no evaluation from anybody else. Is seems like not fair and very sad. And also, should they call 911 or ambulance when the patient fall on the floor? Should the state being contact by anonymous staff (because i working at that nursing home).

Thank you.

Asked in CA May 19, 2022
Tag: 

# 2,235

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