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?

Related Topics:
1 Lawyer Answer
Joanne Reisman
Joanne Reisman
  • 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.)

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.