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NilsaNY Asked November 2015

After getting guardianship of my Mom, can I have a court order someone not to speak to my Mother?

It's about their eviction from her home? When I get guardianship, I am removing my great-niece from my mom's home. She has been there a while - is not on her lease and is a completely disruptive, drug using, desrespectful 23 year old. she manipulates my mom who has dementia and my mom is obsessed with her as if the greatgrandchild is still a teenager. I am planning on starting a holdover proceeding to get this kid out of my mom's house. My concern is that she is in my mom's ear all the time, trying to get her to defend her and it upsets my mother and causes my mother to get asthma and emotional outbursts in her defense. I am wondering if it is ever possible to stop someone from speaking to an ailling parent. particularly something that brings conflict, upsets mom, etc. You can't remove someone from the home immediately, and it takes time, so i am concerned she will get in my moms ear when she is served and would like to have an order against it.
thanks

NilsaNY Nov 2015
Thanks everyone for your help.

NilsaNY Nov 2015
Guardianship proceedings will have nothing to do with this kid. I guess my question was in two parts. I meant after the guardianship is completed, would it be possible to go to perhaps a family court - regarding this situation.
Thanks for your response

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pamstegma Nov 2015
Talk to the lawyer who is handling your guardianship petition. The court evaluator is going to speak with all interested parties and will likely run into the niece. This can work two ways-- the evaluator realizes she is a bad seed, OR she appears to be quite nice and convinces him YOU are the bad seed.

sandwich42plus Nov 2015
Sometimes called a no-contact order.

GardenArtist Nov 2015
You could ask law enforcement about getting a PPO now, before the guardianship proceedings even start. Be sure to document all the incidences which would justify a restraining order, as well as the eventual eviction.

However, if she's using drugs, that's a criminal matter. Get as much information as you can on this presumably illegal use and contact law enforcement. If they can document her use, they can arrest her and remove her from the house w/o a PPO.

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