Background:
An elderly woman suffering from dementia was unexpectedly discharged from the hospital directly into the care of what appeared to be a complete stranger. The family did not know the individual in question. While still in a vulnerable state at the hospital, she was persuaded to sign a new Power of Attorney (POA) in favor of this individual. Her devoted son, our client, grew deeply concerned when she went missing for several days. After an exhaustive search, he finally located his mother at the individual's home, where she was being kept under questionable circumstances. The family later learned that the individual was an old high-school acquaintance of the woman. The family immediately sought legal help to protect her safety and well-being.
Challenges:
This was a true emergency guardianship case filled with significant obstacles. The new POA created a legal barrier that the stranger attempted to use to maintain control over the ward. The situation was complicated by the ward's dementia, as she was unable to understand why she needed to leave the stranger's home, making voluntary removal impossible. The stranger refused to release her, creating a tense standoff. Standard legal processes were insufficient to quickly resolve the crisis, requiring our firm to take decisive, aggressive action in court to safeguard the vulnerable woman.
Result:
Attorney Nataly Kaiser successfully petitioned the court to obtain an emergency order suspending the improperly obtained POAs and appointing our client as temporary guardian. When voluntary compliance still failed, we secured a writ for involuntary commitment, which authorized the sheriff to physically remove the ward from the bad actor's home and ensure her safety. Once removed and protected, we swiftly proceeded with the guardianship proceedings. The court ultimately appointed our client, the loving son, as guardian of his mother, restoring proper family oversight and protection.
This outcome prevented further exploitation and ensured the ward received appropriate care in a safe environment. The family can now rest easier knowing their loved one is secure.