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TMacdau Asked November 2020

Can I get restraining order to keep uncle away from father who is in ALF with dementia?

Father has been in ALF now about 3 months and seems fairly content most of the time, until his brother calls and causes him to become agitated and anxious. Uncle has gone to the facility and made a scene, threatening to sue the facility for having my father in quarantine, calls Father and constantly shares his (the uncle's) latest conspiracy theory about various world events, calls and tells my father I (his trustee) am giving away all his belongings, etc etc etc. These things keep my father in a constant state of agitation. Uncle now is attempting to find someone to go get my father and take him out of ALF (and shares with father his attempts). Father is now calling attorney with all this crazy (which I'm sure will be billed at regular attorney rates). I spoke with Father about this and he didn't even remember speaking with the attorney just 24 hours prior. He does remember the crazy things his brother tells him though. Can I get some type of protection to keep uncle from harassing him into a state of frenzy? TIA

Waterspirit Nov 2020
I won't repeat most of the advice which is spot on. What strikes me is the phone calls. Does your father have a direct line to him from outside rather than through an office transferring the call to him? If he has a direct line, block uncle's number so he can no longer receive the calls. If your dad desires speaking to him, you call while present and put it on speaker. If uncle starts the crazy talk, hang up immediately.
disgustedtoo Nov 2020
I would block the number as well, but OP isn't local to dad, lives in another state, so monitoring calls isn't possible.
MargaretMcKen Nov 2020
This is really tricky. If your father is competent, or if you don’t have a POA, I doubt if you would be able to get a restraining order. I’m not sure what you mean by being his ‘trustee’,and what powers it gives you – it’s usually just about holding assets in trust..

Then the problem is how to enforce it. Uncle will probably see it as part of the conspiracy, and won’t be willing to comply. The ALF may not even see him arrive (unless they have a monitored sign-in system), and they will be very unhappy to have Uncle cracking a scene in the foyer if they try to keep him out. Stopping him phoning is probably hopeless. Going to the police to ask them to prosecute for breaches – they won’t be keen, neither will the magistrate, and of course Uncle will go bananas. Cousin may too. Jailing an old man for contacting his brother peaceably is unlikely.

So, practical steps might be:
1. Contact his doctor, and see if you can get to the point where you feel you can say that this agitation is dangerous for his health. Tell Uncle, tell Cousin. Don’t make it about telling them that their conspiracy theories are crazy – in fact you could even say you agree and that is why it is all upsetting Dad so much. They need to protect him from this horrible truth! (Or some other word that won’t stick in your throat like ‘truth’)
2. Contact the attorney – a letter to attorney and a copy to the office receptionist. Repeat about the doctor. Say Dad can't remember anything about attorney calls. Also say that Dad hasn’t the funds to pay for all these calls (often hits the spot that attorney is wasting own valuable time). You want instructions for the receptionist to say the attorney is very busy and will call back when there is time. Keep copies of the letter yourself, to challenge monstrous bill in the future.
3. Tell Cousin that Uncle wants Dad to leave the ALF. You can’t provide care, and if Dad leaves he may end up living with Uncle. Is Cousin able to help Uncle with the care? Dad is no longer safe to live alone, and if APS gets involved it will be very difficult legally. This may (should) be a real motivation for Cousin.
4. Get Dad’s phone and block calls from Uncle. If you can’t grab it, ‘upgrade’ to a new phone with blocking in place.

These things are worth trying. At least they are cheap options! Good luck, Margaret
AlvaDeer Nov 2020
I really think this is a great approach.

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Countrymouse Nov 2020
I expect you can prevent your uncle's visits to the facility, and you probably can prevent all contact. But it would be worth speaking to your uncle first. Can you do that?

As your father didn't remember speaking to his attorney, I assume the attorney must have informed you about it. What does the attorney advise?

haileybug Nov 2020
You do realize facilities are responsible for their residents? They are there to care for them and make sure they are safe.

With this being said, It is the responsibility of the Facility Administrator to see that things go accordingly. If she is a good one, she already knows what's going on there.

Anyway, What you do is go talk to the Administrator. That is what she is there for. To see that it is run correctly. Her Job.

That's all you need to do.
Geaton777 Nov 2020
The facilities' job is to do what they are LEGALLY able to do.
wolflover451 Nov 2020
I don't know if its possible but contact the ALF and let them know that your uncle is not allowed to see his brother due to the disruptions (I am sure they are aware of the antics).  Maybe your uncle is also needing some mental evaluation.  Check with an elder attorney (? not sure if they know what to do), but it does sound like you do need a restraining order of some kind, but IF you do get one how is all the staff at the ALF to know about it (you would have to provide a copy).  Have the phone removed from your fathers room.  I don't know if your father has a cell phone but that might be another thing that should be removed.  Do YOU have the legal rights (POA, etc), if so and no one else does.....no one can take your father out of the home but you.  You need to make sure that the staff knows that IF your father wants to sign himself out, that you need to be notified BEFORE anything happens.  Sounds like your uncle is lonely and doesn't know what to do with himself.  Everyone has had a hard time this year with the virus and stuff and it sounds like the uncle is having a really hard time.  I wish you luck and hopefully someone else on here has some better suggestions.

Isabelsdaughter Nov 2020
Has your uncle always been an instigator? If not, maybe he has some form of dementia also.
Invisible Nov 2020
I am guessing uncle has always been this type. We have it in our family too. You cannot reason with them because they know it all. Talk to facility administrator.
haileybug Nov 2020
Geaton

Facilities can LEGALLY put a stop to what goes on in their facility with their residents and outsiders.

TMacdau Apr 2021
update to situation:
Uncle finally able to realize he was not helping Father's mental state. Everyone has calmed down now that quarantine has been lifted. I think the quarantine was adding to the frustration and paranoia. Right now, everyone is at peace. Thanks to all who offered advice.
JoAnn29 Apr 2021
I am glad it all seems to have worked out.
lacyisland Nov 2020
Short answer yes
You should ask the facility for their guidance they deal with this daily, then consult an attorney. Often a telephone call or letter from Attorney will end this.

Taarna Nov 2020
Please get your father a new phone number. Please place a restraining order with the police. Notify your uncle and his ALF about the restraining order. It is more than ok, VITAL, to protect your father from somebody that is toxic for him.

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