My adult sister lives in a nursing home because she is mentally incapable of taking care of herself. Recent events have caused the family to be concerned for her well being, mentally and physically. She refuses to see us when we visited in the past and we are concerned she might attempt to issue a retraining order if we attempt to inspect her care and health in the future. There is no prior act of physical abuse, though she claims some, as well as mental trauma. Can she issue a restraining order against us based on these facts?
Country relating to Question: United StatesState (if USA): North CarolinaWhat have you tried so far?: We have spoken with the nursing home staff, but they are worried about protecting her rights. We have spoken with the lawyer that is her overseer, but he seems to have lost interest in her case since the house we gave her prooved not to to be a quick sale.
Hi and welcome,
If she tries ,presumably with the aid of a lawyer, you can defend the attempt by making an application to the court where she seeks the restraining to have her examined by a court ordered psychiatrist. It sounds like he/she will conclude that your sister is not in a position to understand what she is doing.
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NYC Trial Atty. 30 yrs.- pers. inj., contracts, real estate, criminal, estates, matrimonial.
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Please keep me advised as to how the situation proceeds.....I am very interested in cases like yours.
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