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Delta-Lawyer, Attorney
Category: Legal
Satisfied Customers: 3546
Experience:  10 years practicing IP law and general litigation
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My husband's maternal grandmother (mother is dead) is in the

Customer Question

My husband's maternal grandmother (mother is dead) is in the hospital. She has been in fear of her two daughters and their extended families. Shrnsifnrd a General Durablr Power of Attorney, Durable Power of Attorney for Health Care Decisions, and Living will.all were notarized and witnessed naming maternal grandson as the POA. Both daughters arr now barring all other famiy members from visiting or having any contact. Can an emergency injunction be filed?
Submitted: 1 year ago.
Category: Legal
Expert:  Delta-Lawyer replied 1 year ago.

I hope this message finds you well, present circumstances excluded. I am a licensed attorney with over a dozen years handling situations like this one. It is a pleasure to assist you today and you are to be commended for seeking out assistance for this lady.

The short answer to your question is yes, you can seek an emergency injunction in this case.

The longer answer relates to the steps necessary to get this accomplished. Optimally, you will want to place these daughters on legal notice that they are interfering without legal grounds to do so. This can be accomplished by a certified letter with a return receipt to them asking them to cease and desist from this activity.

If you feel as though you do not have the time to do that and can testify that you have verbally already made attempts to get them to cease and desist then you can seek the emergency injunction. To win, you will need to prove that there is no other recourse but recourse ordered by the court (that is where the letter and/or testimony that you have tried to handle this without court intervention comes into play), that irreparable harm will be caused if the injunction is not entered, and that time is of the essence (her age and health help prove this factor).

The court will likely immediately enter a temporary restraining order against their activity and will set up a court hearing to have it converted to a permanent injunction within the next two weeks. Once the TRO is granted, you can have it served on the two daughters by a sheriff deputy for a nominal fee.

Let me know if you have any other questions or comments.

Please also rate my answer positively (three or more stars) so that I can receive credit for my work.


Expert:  Delta-Lawyer replied 1 year ago.

Just checking to see if you had any additional questions. I want to make sure you are as comfortable as possible moving forward. Thanks!

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