My mother has dementia and it's only the beginning...I am her daughter and live with her. She has threatened and has called police on me before. I have had to bring up sensitive issues with her recently...driving on revoked license. She has come home and oviously hit someone or ? Lies to her Dr. about meds she's supposed to take and doesn't. She doesn't keep appts with Dr. Lies and says she has no way to get there. She has become an "ER abuser." She does not have anyone but me to help her. Her medical problems are extensive. I have nowhere to go and spent last 3 days in my car due to her false accusations. HELP!
Then you absolutely need to talk with her doctor and tell him/her what is going on. Is she on medicine for her dementia? If not, maybe the doctor can prescribe something.
I'm surprised that she has been going to the doctor by herself ... you need to be the extra set of ears to hear instructions and also speak up. If she objects, then nod or shake your head as she talks to make sure the doctor knows what is "really" going on. They are very used to family members accompanying elderly patients into the examination room.
About the best OP can do is wait for the court date to try to resolve the EPO and then find out from the court what THEY can do to intervene. Honestly, even if mom relented I wouldn't want to be in that house or in her presence going forward, as she is NOT likely to change. Fool me once... done.
First of course is finding stable ground for yourself so you can address the EPO. If you need your personal belongings the police should be present for a civil standby. Hopefully you have done some of the below:
1. Contact her primary doctor.
2. Answer to the incident that led to to the EPO which sounds like maybe a disagreement about her revoked driving license. Provide background of your mother's current disposition which you described: medical issues, missed appointments, driving capacity, emergency room use. Give a full description of what help she needs and you have provided.
3. Is APS involved. If not, you might want to contact them and give them the same background information as the answer to the EPO.
4. I am not sure if you can ask the police to do a Wellness Check on your mother, but that would be in her best interest.
5. Consider getting an emergency temporary conservatorship with the court filed and serve after the EPO is resolved. If your mother needs help, you can help her otherwise the state may take over at some point.
Second order of business is to find out if you can get a court appointed attorney, or find a no or low cost atty to help you with the EPO. This attorney may also have suggestions for getting help for your mother.
"What happens if the plaintiff fails to appear in court for a restraining order?"
"If the Plaintiff does not show up for the trial and the Defendant does appear, if the Defendant asks, the Court may dismiss the case without prejudice. ... If the Plaintiff does refile the case and again fails to appear at trial, the Small Claims Rules say the Court may dismiss with case with prejudice."
This link https://www.tippecanoe.in.gov/841/Default-Judgment explains a lot about what happens at the hearing. DO NOT MISS the hearing yourself! Whether she goes or not, BE THERE!
Despite others suggesting you should take her car keys, find a way back in, talk with doc, etc., I think you know none of this is possible. Before EPO is resolved, you should NOT consider any of these suggestions. You *might* be able to make some headway with APS, but given the EPO they may not listen to you. Can you call in an anonymous report? If you can find a pay phone, use that, not your own. Given that she skips her appointments, lies to the doc, took you off as rep/HIPPA, plus already reported to the doc she doesn't take her meds, it sounds like that might be a useless avenue. Same as with APS, they may dismiss anything you say while the EPO is current, but you could try contacting them by phone and report that she is alone and in distress, and you can't help her.
I suspect your mother reported this by phone, so no one really checked on her or the situation that well. Given her age, they would likely just grant it. Generally these are temporary orders, pending a court hearing, to protect the person requesting it. Each person should get to voice their side at the hearing.
More than likely she won't show (just like the doc or follow up appts), BUT document what you can about her behavior (skipping meds, doc appts, driving on revoked license, dementia, etc), all that you wrote in your profile, and include her penchant for lies accusing you of theft and physical abuse. Leave out the part about not really getting along - clearly this is HER issue, since she has alienated everyone else already!
IF she doesn't show, they may just dismiss the order. BUT, don't let it drop there - ASK the judge what options there are for her. Plead with the judge if you have to! Since she often mistreats you, explain that going back won't be an option for you, otherwise this will just happen again. Stress that she is an elder in need and should not be alone. Stress that you just want to ensure that she gets the care and supervision that she needs! She lives alone, with dementia and continues to drive - it's a matter of time before something bad happens to her (or someone else!) - they should be able to recommend something.
IF the EPO is dismissed, keep all documentation just in case any place of employment asks about it. You'll want the proof that it was dismissed.
Move on with your life. Go to a women's shelter if you have no other options. Women's shelters often have counselors available to help women get their lives back on track.
Next, your mother has mental health issues besides dementia. Call her doctor and explain the situation. He/She needs to contact the police for your mother to have an involuntary psychiatric evaluation since mom is a threat to herself and others. If the doctor will not follow through, then you should call the police and let them know your concerns. Be prepared that she will probably end up in a residential facility that can care for her full time. Hopefully, she will be cared for in a facility that specializes in dementia and mental illness.
What are the options in your area for Independent or Assisted Living? Does MIL still drive? Friends of ours have her Dad nearby in an Independent/Assisted living building. Close enough that they can check in or take Dad out. He is very involved in the activities there and a couple years ago gave up his car and now use the bus the complex provides for his outings. He’s been there 15 years and turned 92 in January. Three of his 4 children live within 15-60 minutes of him, his eldest remained in New England when everyone else made their way to FL. They all knew that having Dad live with them was not the right choice for any of them.
My SIL and her hubby got married and moved right into the farm house with Dad and her sister to run the farm and care for Dad. They have since had a special needs son and now both Dad and sister have passed. They feel like newlyweds for the 1st time. They can do what they want, when they want and SIL has finally been able to start making the house their own.
I think that maybe the way to approach this with hubby is to suggest that with you just getting married and now looking for a house it would be too much on Mom and getting her her own place that she can to herself and not be interrupted by your schedules would be best. You can offer to have Mom come for dinner one or two nights a week and on the other nights cook a little extra of whatever for her to have at home. You both need your own space as you build your new life as a married couple.
if the police came to her home where you reside and asked you to leave than they have to do an investigation on the abuse. Get in contact with the Department of Aging in your town and speak to an adviser. Also, you need to speak to her physicians and see if it is documented that she does have dementia. The police can impound her car. Maybe it is time for her to be placed in a NH or assistant living, her doctors can help with that. Lastly, get an attorney for your own protection.
Good luck. I went through this in NJ