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CalAttorney2, Attorney
Category: Family Law
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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Our 91 year old father is being taken advantage of by his ex

Customer Question

Our 91 year old father is being taken advantage of by his ex girlfriend and we'd like to get a restraining order against her
Submitted: 1 year ago.
Category: Family Law
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,
Thank you for using our forum. My name is ***** ***** I hope to assist you today.

Expert:  CalAttorney2 replied 1 year ago.

I am sorry to learn of this situation.

A restraining order is used when there is a threat of physical harm against the petitioner - I assume from your post that this ex girlfriend is not threatening to physically hurt your father, but rather that she is trying to take advantage of him financially.

If this is the case, you may want to consider two separate things - making a report to Adult Protective Services, and petitioning for a "Conservatorship of the Estate" (where you, or a professional fiduciary, takes over the management and legal control of your father's assets - often once the intended victim of a manipulator loses control of their own assets, they are no longer at risk).

If you wish to pursue a conservatorship over your father, I highly recommend retaining a trusts and estates or probate attorney to represent you - expect your father to be somewhat upset with this (you are taking away a great deal of his autonomy and some of his civil liberties by removing his control over his finances, and it requires you proving to a court he is no longer capable of managing his own finances), but this is usually the most effective means of assisting an individual that is no longer capable of protecting their own financial resources.