Court order

[Mastiff lover]

Jurisdiction

Ohio

My mother in law has been diagnosed with dementia/vascular ahlshimers, the court put her in a nursing home until they had a hearing to determine the outcome. The magistrate saw fit to send her back to South Carolina to live by herself. Her belongings are in my garage and I don't have a problem with them getting her belongings, I did however asked the magistrate to not allow her on the property because she is 91 and has in the past sued people for tripping over her own feet. He agreed. Today I was informed he signed a court order allowing her on the property. She wants to go through every box, which she previously did. This will take days, I don't have the time to babysit through this madness. What options do I have and who assumes liability?

 

[army judge]

My mother in law has been diagnosed with dementia/vascular ahlshimers, the court put her in a nursing home until they had a hearing to determine the outcome. The magistrate saw fit to send her back to South Carolina to live by herself. Her belongings are in my garage and I don't have a problem with them getting her belongings, I did however asked the magistrate to not allow her on the property because she is 91 and has in the past sued people for tripping over her own feet. He agreed. Today I was informed he signed a court order allowing her on the property. She wants to go through every box, which she previously did. This will take days, I don't have the time to babysit through this madness. What options do I have and who assumes liability?

Talk to your lawyer about getting her to sign a waiver.

You might also ask your lawyer if there is anyway you could issue her an admonishment about assumption of the risk, and attempt to alleviate your liability.

Why not collect her belongings, rent (or borrow) a truck, rent a storage unit, put the units in the storage facility, tell her she has 60 days to remove everything.

That way you eliminate her suing you for something that might occur on your property.

Have you spoken to your spouse about how her/his mother should be treated?

 

[Mastiff lover]

Yes, and she concurs with me. She was physical with her and very combative with both of us. In her state of mind, she is blaming us for her having to go through this whole mess. Our son was in the hospital with a blood infection for 2 1/2 months and we couldn't take care of both of them. I just don't understand the magistrate allowing her to go back home alone. She is a fall risk and had fallen at her home and layed 0n the floor 8 hours. He did state he was tired of getting phone calls and letters from the nursing home about payment for the nursing home. I believe he just wanted to dispose of her case.

 

[adjusterjack]

Today I was informed he signed a court order allowing her on the property.

Informed by who?

Do you have a copy?

If not, get it and see what it says. You have to obey it to the letter unless you can get the judge to change it.

Anything you do to prevent or limit her from coming on to your property to get her stuff could put you in contempt of court.

If you don't like the potential inconvenience you'll need to file a motion for reconsideration.

Just get a copy of the order first, so you know what's going on. Don't rely on what somebody "tells" you.

"I was told" is the most dangerous phrase in the English language.

 

[Mastiff lover]

The gaurdian told us on the phone. We are going to file for reconsideration, we are waiting for the atty to return our call.

 

[Mastiff lover]

Thank you for your input, it is greatly appriciated.