Legal Eaze #70 Living Trust Transfer Deed/Elder Abuse

Title: June 6, 2007

Q. My husband and I have a basic living trust. Our former residence is listed in the living trust but our new home here is not. Can I just type up an amendment to the living trust dropping the old one and inserting the new one? If so, how do I change our new property on the official records?

A. No, you cannot just type up an amendment to the living trust dropping the old one and inserting the new one. You need to have a Transfer Deed prepared, transferring the property from your name as individual owners to your name as trustees of your trust and have that transfer deed recorded with the county Recorder. This document needs to be notarized as well.

Q. My mother who is frail and elderly moved in with my brother last year. I think she is being abused by him. Can you define elder abuse and what can I do to help?

A. Elder abuse occurs when someone causes harm or risk of harm to an older adult. There are several forms of abuse, including physical abuse, sexual abuse, emotional abuse, financial abuse and neglect. Depending on what kind of abuse your mother is a victim of, you can file a Petition for Conservatorship, requesting that you become your mother’s conservator, and insist that your mother be placed in a home for the elderly, if you cannot take her into your home. It also depends on your financial ability to provide for your mother’s needs. People over 80 years old, especially women, are at a greater risk of experiencing elder abuse. If she is dependent on your brother to provide for her basic care, she is particularly vulnerable. Contact resources in your area, or your mother’s doctor to report your concerns. If you feel that your mother is in imminent danger, call the police. If you are not aware of an immediate danger to her health, or financial affairs, check with welfare and social service governmental agencies. Most cities and counties, according to state law, will investigate and protect vulnerable adults. The Adult Protective Services Agency, a component of Human Services state agency is typically responsible for investigating reports of domestic elder abuse. She is your mother and you should have a say in how she is being cared for and treated. It might be a mistake to talk to your brother about this situation.

Maxine de Villefranche is an attorney and civil general practitioner with 14 years of experience. She practices law from her Tehachapi office as well as her Lancaster satellite office. She will answer legal questions posed to her by the readers to the best of her abilities. Email your questions to maxinedev@msn.com or fax to (661)825-8880