My father has been physically abused and mentally abused by my younger brother. Recently, my brother is financially exploiting him too. My father is mentally incapacitated due to severe depression, alzheimers/dementia and physical illness and he cant testify on his own behalf. I want to file a elder abuse restraining order since I have a durable power of attorney. And since I know about all the abuse and financial exploitation, I am able to testify to get the restraining order. Do you think the restraining order will be denied at the hearing in court?
I'm sorry to hear about this. You may certainly testify about things you personally know or have observed. Drag your father into court so the judge can see for herself his condition. Better yet, get an attorney because this could backfire on you as well. Your father may need a conservatorship.
San Diego Criminal Defense Attorney--20 years experience
As a first-hand witness to the ongoing abuse, you definitely have standing to testify. What weight that testimony carries will depend on how compelling and detailed it is and whatever corroborating evidence is presented. Consult an Elder Law attorney who litigates in order to best protect your father's interests.
Yes. You may testify. In fact, court will be very interested in your testimony under these circumstances and want to hear from you.
Maybe. Restraining Order may be issued based on all evidence presented. I need more information to opine further on likelihood to RO being issued.
Bring copy of POA with you and include in pleadings filed in RO matter.
Bring father to court if possible. court will want to examine him and assess his condition.
Strongly suggest you retain elder law counsel to assist in preparing pleadings, conducting hearing in this matter. Proper preparation, pleadings, conduct of hearing essential to success.
I think you can still prevail on the restraining order if you or someone else can give first hand testimony of the abuse-actually witnessing the abuse, I would suggest to bring father to court so the judge can see his condition and bring a copy of the POA to show that you are the agent. I would strongly suggest having a lawyer represent him at the hearing.
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