Legal Question in Elder Law in California

Can Mother-in-law (POA) Issue A Restraining Order?

My father-in-law had a stroke 10-yrs ago. It left him partially paralyzed & unable to speak English. He understands, but talks gibberish. My mother-in-law put him in a residential facility close to their home, but a 100+ miles from us. Unfortunately, we can�t visit him often as we lack reliable transportation.

We wanted to take the kids to visit him on his 80th birthday & my husband borrowed a friend's car; however, the staff said my husband & me couldn�t call or see him per written instructions to them from my mother-in-law (POA). Why? My mother-in-law doesn�t want us to tell him what she�s up to (�he�ll get upset�): she evicted us (grandkids and all); from the home we thought we were renting-to-own for the past 22 years & she threw away most of our stuff. Why? Because she can. The agreement was only verbal. Plus she�ll get more $$$ if she sells to someone else. BTW, she plans to use the $$ solely for herself.

Because she has POA, she can do what she wants w/ the property, I'm presuming - but does she have the right to decide who contacts her husband? Is it legal? If it is, it doesn't seem ethical for her to isolate her husband from his only son just because she�s hiding information from him. Anything we can we do?


Asked on 12/27/04, 6:08 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Can Mother-in-law (POA) Issue A Restraining Order?

Family disputes like this are ugly, and have no easy magic solution. An attorney might be able to convice her to allow normal visitation on threat of court action. Ultimately, you could seek court order granting access to children and grandchildren. Unless the doctors say he shouldn't have visitors, you should win that fight. Contact me if interested in pursuing it, step by step would be best.

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Answered on 12/27/04, 12:54 pm


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