(Warning: Typos Intact, Not Legal Advice)

I was served a restraint order from seeing an elderly man that has been a part of my family for twenty years what can I do?

I was just served a restraining order from an elderly man I was taking care of and had power of attorney over him his daughter and son came and removed him from our home against his will saying I was abusing him he has been part of my family for twenty yrs and his family only seen him once a year if that what should I do

Answer: Unfortunately, it is not an unusual situation where non-family members have been caring for an individual, sometimes for a protracted period of time, as is the case here. Twenty years is a long time, and you may feel that the person has become part of your family and that you’re providing care for them. At some point, it is not unusual for family members to decide that they should be involved as well. Perhaps it’s due to an impending death in hopes of an inheritance, or maybe it’s guilt for having neglected the person for so long and trying to make up for that. It’s hard to say exactly what motivates people, but there are all kinds of reasons.

In this case, it appears that the family members took you to probate court, likely for a restraining order and to set aside the powers of attorney under which you have been operating. They may have also obtained an order to remove the individual from your home and care. It seems more likely that this is the case rather than a personal protection order, as there doesn’t seem to have been any allegation of abuse.

Your course of action here is to contact Adult Protective Services with your concerns and to go to the court that issued the restraining order to seek to have it set aside. This must be done very quickly; otherwise, the order may not be appealable. In any event, you should consult with an attorney who deals with matters of this kind.