Eugene, OR asked in Family Law and Elder Law for Oregon

Q: Can the court demand I deliver belongings out of town to my 92yr old step father while I care for my 90yr old mom 24/7?

My step father attempted to kill my mother and was removed from the home by the police. He is now living out of town and his guardian has acquired a court order for me (step daughter) to deliver all of his belongings at my expense out of town . I’m currently my mothers only caregiver around the clock with no respite . My mom is suffering from dementia and is a fall risk His belongings have been boxed and waiting by the back door since he was removed from their home . The court papers state I could get myself in hot water (in so many words) if I don’t comply. Why is this my responsibility? Can’t I contest this demand while I care for my mother while she recovers from a nasty fall?

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1 Lawyer Answer
Joanne Reisman
Joanne Reisman
Answered
  • Elder Law Lawyer
  • Portland, OR
  • Licensed in Oregon

A: Pretty much any time someone gets a court order without a chance for you to appear and contest the order before it is issued the court needs to allow a chance for you to object and ask for a hearing. However if you were given advance notice that someone was going to court to get such an order that was your chance to appear and object. If I were you I would just go the easy route and either find someone to help you deliver the property or find someone to watch your mother while you deliver the property. Try calling the county agency for aging and disability and ask that a social worker be assigned to your mother and ask that they set up having aids come to the house to help so you can take breaks. (This could create a lien against your mother's property, ie the house, for the cost of the aids but it sounds like you need some help.)

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