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FamilyAttorney
FamilyAttorney, Lawyer
Category: Family Law
Satisfied Customers: 1299
Experience:  Owner, attorney in private practice, appellate attorney, GAL & former trial lawyer, licensed for 37 years
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My mother has alzheimers but before it took over we went to

Customer Question

My mother has alzheimers but before it took over we went to a attorney an she told the attorney what she wanted; an that was to give me her POA overs everything she has. Her other sister was trying to get control of my mothers estate but when she didn't get control she an he son who is a police officer have been stalking my residence an his mother has intereferred twice by calling him an him sending out others while we were cleaning up her home. She has called my apartment manager twice with my old manager a twice now with the new complex manager. My mother refuses to see them an again yesterday she sent her son over to my complex in uniform to intimadated me again by saying that my mother could be dead an injured or that we have no allowed them to see her. My mother put my name on all her checking accounts an all her stock all her money. My younger sister have used the money to place her in a place Called Senior Sunrise. Do we have to force my mother to see them? Mama flips out when she sees them. How do i stop them? Mama is happy, safe well loved an taken care of. How can i stop them.
Submitted: 1 year ago.
Category: Family Law
Expert:  FamilyAttorney replied 1 year ago.

Hello. I’m Ronna, a licensed attorney with 35 years’ experience. I specialize in family law, landlord-tenant and appeals. I look forward to helping you today.

Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I'm sorry this is happening to you and to your mother. This is unfortunate but obviously mama has money and that's probably what they are after, unless they just are trying to flex their muscles to make sure you don't control your mother. However, with power of attorney you have the right to do a lot of things, and that is to take care of your mother who unfortunately cannot take care of herself enough at this point. I understand how heartbreaking it is. My grandfather went through it and I was there to witness it and be with him during that time. It is a very difficult time for all.

Since your aunt and cousin aren't helping here at all, they're interfering, and it's making your mother upset and stressed. They are stalking all of you, and that's unfortunate. No, you don't have to force your mother to see them. In your wisdom with POA, you know that would not be in your mother's best interests. It upsets her to no end and she doesn't need it, and neither do you.

You can first write or have an attorney write a Cease and Desist letter. I have sent you a link here so that you can do this yourself if you'd like. Make copies. Send regular and certified mail. Tailor the language to your particular situation.

http://www.instructables.com/id/How-to-Write-a-Cease-and-Desist-LetterOrder/

Expert:  FamilyAttorney replied 1 year ago.

Do you think they will cause physical harm? It sounds like it's more emotional harm here. In Ohio, stalking includes mental distress.

See link here. http://www.victimsofcrime.org/our-programs/stalking-resource-center/stalking-laws/criminal-stalking-laws-by-state/ohio

Keep these laws in mind when you write your cease and desist letter. If this doesn't stop, you can go to the DA's office and try to get a restraining order against the sister and her son and whoever else in the family is interfering with your mother's emotional well-being. The link for Ohio law shows that you can go to your local prosecutor or DA to talk about what charges might apply in a particular case.

Expert:  FamilyAttorney replied 1 year ago.

You would have to write the letter as a cease and desist letter, not an order because that order is not allowed, generally speaking, unless it's from a court. You can certainly write them a cease and desist letter. I just gave you one example of a cease and desist letter. There are others available on the internet, and let me know if you want me to find another one for you. Leave out the laws from the other states. You can say that the stalking and harassment is against you and your mother or whoever else it affects.

If the behavior continues after sending the cease and desist letter by regular and certified mail, and I would say give it at least 1-2 weeks, then you can bring it to your local prosecutor or DA. If you want to bring it right away to the DA, you can try to do that. See if they will take the case right away and agree that you are entitled to a restraining order. There is no reason any of you need to put up with this.

You can see the DA or prosecutor without an attorney of your own if you'd like. I generally recommend an attorney for all court situations, but if the DA takes the case, you can talk to the DA and he or she will let you know if it's advisable for you to have an attorney present with you. You might want to have one to help you deal with the court, which is sometimes terrifying for non-lawyers, but that is up to you.

If you do a cease and desist letter, put in the letter what they are doing: contacting the apartment manager repeatedly, having her son in his official capacity as a police officer, in uniform, show up to intimidate you, etc. You can be as specific as you want to be. You may want to include as much information in the letter.

Again, if you want to bypass this step, call the DA's office, see if you can talk to the DA about what is going on, and see if you can get into court to get a restraining order against all these people who are causing the menacing, harassment and stalking that is going on here.

If you do the letter, call it a Cease and Desist Letter, not an Order. Only a Court can issue an Order.

I wish you the best of luck! If you have any follow-up questions, please feel free to send them to me via email or continue here. As long as it's part of the same issue, there's no additional charge unless it involves a lengthy answer on my part. I want you to feel free to contact me.

Expert:  FamilyAttorney replied 1 year ago.

I hope this helps and clarifies. If you could, I'd appreciate it if you can rate me when finished.

Please accept my answer, rate my answer and then submit, as this is how I get credit for my time with you and with your question. I work hard to give you a thorough and honest answer. I thank you in advance for rating me. Please let me know if there is more that I can do to answer your question and if you need more information. If not, I thank you for your rating. I can’t get credit for answering your question without your fair and honest rating. Thank you!

I wish you the best of luck and hope that everything turns out okay and that they leave you and your mother alone! Also, to answer your last question, no you do not have to make your mother see them. Your mother does not need that and it's not in her best interests. You are wisely protecting your mother against people who only have greedy intentions, I'm sure.

Best of luck!

Sincerely,

Ronna DeLoe, Esq.

Expert:  FamilyAttorney replied 1 year ago.

http://www.victimsofcrime.org/our-programs/stalking-resource-center/stalking-laws/criminal-stalking-laws-by-state/ohio

This didn't come out as a hyperlink so I re-did that here.

Sincerely,

Ronna L. DeLoe

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