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Can my Mom file a restraining order?

She thinks my sisters and I are sneaking into her house at night to steal various things like, cheese, tomato sauce, forks, bank statements, soap, etc. and she also says we sneak in to return some of these things, straighten up her drawers or we move items around. Last year we reported her behavior to her Dr. and he tested her for dementia. She apparently doesn't have Alzheimer's because he sent her a letter saying as much and she now waves that letter around to various people to "prove" it's not all in her head. We called Adult Protective Services and they went to her home two times. They said she answered the door, appeared fine and would not allow them in so they can't do anything for her.
Status: Open    May 17, 2015 - 02:02 PM

Elder Law, Dementia

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Expert Answers

Jul 29, 2015 - 05:36 AM

Delusional thinking is a form of mental incapacity.Given your description of actions taken by you to date your recourse is to file for guardianship and hopefully find several geriatric doctors who will back you up.Otherwise at this point your without meaningful options.


Jul 30, 2015 - 08:05 AM

Mom may certainly consult with an attorney as to whether she has grounds for a restraining order, and if filed, a judge would rule of whether grant the order based on the facts and circumstances. The more pressing issue appears to be her mental capacity. Dementia is a progressive illness and what might have been her mental state last year, might not be so today. A second opinion and more up-to-date medical opinion would be a recommended course of action. Based on the more recent evaluation, a guardianship filing with the county probate court may be necessary. Refer to your local probate court as to any documents that may need signed by the doctor in order to file for guardianship.
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