Legal Question in Elder Law in California

restraining order

Can a lawyer pat a restraing order on a family member when that family member has done nothing wrong, at the resquest of the sister who has power of attorner of the elder person who is in a nursing home. That same resident has benn made to seign legal papers to sell her home without the presence of her ombudsman and I've been told that is not legal. I have a very very messy family situation going on, where I have been nearly ostersized from the family from lies that have been told by others. I have been trying to protect my mother for several years, but suddenly my older sister has stepped in along with a few nieces and a nephew, more or less kidnapped my mother from the UCSD hospital and took her to Jumal for 5 weeks then put her in Chase Care Center. I was told nothing, and have been left out of all that is going on just because my sister doesn't want me to know anything. I've done nothing against my mother, yet am being made the evil one for no reason at all. The only thing I want to see happen is that my mother is receiving all her legal rights and not being taken advantage of. I know I need to take some other steps to assure this happens, I hope you can give me an answer and or some advise. Therapy every week helps, Julia


Asked on 10/22/04, 12:57 pm

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: restraining order

Anyone can obtain a restraining order upon showing proper grounds. You have the right to oppose it when requested. Once it is ordered, you have to convince the court it was improperly entered. If you want to obtain a conservatorship for the family member, or intervene in one that is ongoing in order to get notice of events, or complain about the conduct of family members so far, contact me to discuss the facts and options.

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Answered on 10/25/04, 3:39 pm
Joel Selik www.SelikLaw.com

Re: restraining order

You can fight the restraining order and Court and take other steps to help protect your and your mother's rights.

JOEL SELIK

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We, therefore will take no action on your behalf unless a written retainer agreement is signed. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you do not retain SELIKLAW, you should immediately seek the services of another attorney or other advisor.

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Answered on 10/22/04, 2:30 pm


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