Asked in Family Law, Elder Law and Health Care Law for Tennessee

Q: A brother has told his sister he will obtain an injunction to prevent her from seeing their mother.

He feels the visits upset his mother. The mother is in early stages of alzheimers.

Is his word enough to obtain an injunction?

1 Lawyer Answer
Leonard Robert Grefseng
Leonard Robert Grefseng
  • Estate Planning Lawyer
  • Columbia, TN
  • Licensed in Tennessee

A: In the strictest sense, yes, his word is enough IF he is believeable, sincere, articulate, or in other words, he does a good job communicating and testifying. If always up to the Judge to make this kind of decision, and its not based on how many people testify- its who is the most convincing. I thinks its unlikely that any Judge would totally cut off immediate family from all contact with their mother, although if the sister is creating a problem during her visits, the Judge could limit the amount of time or require that a neutral third party be present to supervise. The sister should ask the Judge to appoint a guardian ad litem- a lawyer for the mother- someone to make sure NEITHER child attempts to take advantage of the elderly lady.

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