Daphne Lori Macklin’s Answers

Daphne Lori Macklin

Sacramento Administrative Law Lawyer.

Contributor Level 13
  1. What can I do about my family taking over my missing grandparents home?

    Answered about 1 year ago.

    1. Daphne Lori Macklin
    2. Kamala Maddipoti
    3. David B Pittman
    4 lawyer answers

    Sad situation made worse by relatives behaving poorly. You or you and other family members will need to consult with a probate attorney to have someone appointed as conservator of your grandparents' estate. You may request the appointment of a temporary conservator given the unfortunate circumstances, but someone will need to be empowered by the Probate Court of your local county superior court to manage your grandparents' affairs. You need to take these steps as soon as possible. Good luck.

    Selected as best answer

  2. I need an elder laywer, we have to court dates and my brother has no authority and has sold everything in my dads house and try

    Answered about 1 year ago.

    1. Daphne Lori Macklin
    2. Samuel R Walker
    3. Lawrence A Friedman
    3 lawyer answers

    You need to contact a probate attorney in your community to do the following things: (1) challenge your brother's efforts to be appointed conservator of your father and his estate; (2) have a temporary guardian of the estate appointed to secure your father's resources; (3) arrange to have you or possibly the public guardian appointed to oversee your father's care. You want to make certain that you hire an attorney who understands probate law and family dynamics.

    Selected as best answer

  3. Can a 15 yr old assume care for a senior dementia patient in patients calif home ?

    Answered 12 months ago.

    1. Daphne Lori Macklin
    2. Lawrence A Friedman
    3. Barry Franklin Poulson
    4. Daniel Mcgraw Little
    4 lawyer answers

    No matter how mature, a 15 year old is still a minor and frankly quite young to have the responsibility of being a full-time caretaker of a medically and mentally disabled adult. I would encourage you to work with a social worker who specializes in elder care or a gerontologist to identify appropriate care resources for your elderly father. It might be possible to arrange for a level of in home care that allows the young person to provide some supervision to his grandfather but with an adult...

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. I have no mortgage, currently pending final decision toward disabled widows benefit is there an exemption for me?

    Answered 10 months ago.

    1. Daphne Lori Macklin
    2. Stuart Gregory Steingraber
    3. Clifford Michael Farrell
    3 lawyer answers

    Your question is unclear. Please repost. I recommend that you contact an experienced Social Security Advocate who should argue that your case needs expedited handling given your risk of homelessness.

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. My landlord died 3 years ago and his son now appears to claim the property. What can I do as a tenant?

    Answered 9 months ago.

    1. Daphne Lori Macklin
    2. Jonathan David Roven
    2 lawyer answers

    Review the attached link and contact a housing law attorney in your community. You should also use the county assessor's office to identify the current state of ownership of the property. You may also need to check to see if the property was part of a probate action.

    5 lawyers agreed with this answer

  6. Is it illegal to not have air conditioning in a rental house?

    Answered 10 months ago.

    1. Daphne Lori Macklin
    2. Nicholas Basil Spirtos
    3. Adam Jay Jaffe
    3 lawyer answers

    Air conditioning for purposes of cooling a unit is an amenity rather than a legal requirement (i.e. a functioning heating unit). If the unit was advertised as having air conditioning then the lack of working air conditioning would be a breach of the rental agreement but I would not use this to justify non-payment of rent. Review the attached link.

    5 lawyers agreed with this answer

  7. Does a representative payee have the power of attorney?

    Answered 10 months ago.

    1. Daphne Lori Macklin
    2. Joseph Franklin Pippen Jr.
    3. Robert C. Alston
    3 lawyer answers

    I recommend you review the materials on the responsibilities of SSA Representative Payees at the SSA's website. The link is below.

    5 lawyers agreed with this answer

  8. How do I Obtain Legal Guardianship of a 15 year old

    Answered 11 months ago.

    1. Daphne Lori Macklin
    2. Charles Adam Shultz
    3. Theodore Michael Hankin
    3 lawyer answers

    You do not state whether you are a relative or close friend of the child or her parents. You also did not indicate whether you have a relationship with the child, i.e. former step parent. A legal guardianship in California can be a lengthy process and will require an investigation of you and the status of the child. There will also be an assessment of whether the child's parents approve of the placement and whether the parents will retain parental control over the child. Before you take...

    5 lawyers agreed with this answer

  9. Can a Landlord require that a tenant use a housekeeping service bi-monthly?

    Answered about 1 year ago.

    1. Daphne Lori Macklin
    2. Frank Wei-Hong Chen
    3. Michael Ryan Juarez
    3 lawyer answers

    As you are renting a room in a home rather than an apartment, your rights are somewhat more limited. While I do not fully understand what the LL is getting at, my sense is that it would be a good idea for you to consider whether you want to remain in this situation. If the LL is insisting, she needs to give you 30 days written notice of this change in the terms and conditions of your rental agreement.

    5 lawyers agreed with this answer

  10. Social security

    Answered over 1 year ago.

    1. Daphne Lori Macklin
    2. Brian S Wayson
    2 lawyer answers

    The most effective way to get information from SSA about the issue you are raising is to either do a walk-in appointment or make a telephone appointment to meet in person with an SSA District Office staff person. You will need to have prove of your child's parentage and your relationship to the person who has died or become disabled and thus qualified the child for dependents' or survivors' benefits on that deceased or disabled person's SSA earnings record.

    5 lawyers agreed with this answer