Is it possible to get a restraining order against someone who has taken advantage of an elderly relative in memory care (he has dementia)?


She has recently taken his car from him with the help of his brother! They told him that his niece's name needed to be on his title so he could add his car to her insurance policy which includes her & her daughter and he is paying 75% of the insurance (he was denied insurance coverage due to several accidents and should not be driving). In this state, putting her name on the title is not required. When he was sent to memory care in assisted living, she took the car, claiming it is hers. She did not inquire about his health and did not visit him when he was hospitalized and then sent to memory care. She couldn't get the car fast enough. We've now been told the she has been visiting him and since then he is now asking for his billfold, all the papers and his debit card. Since memory care he did not ask for these until she was there to see him. His son is his POA who lives in another state.
Has anyone ever had a situation like this? How can we get the car back (which was to be sold to pay for some of his care. He bought the car she has no investment in it.

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Forgot to answer your original question as to a PPO. The son would have to sign a Petition stating the grounds on which a PPO is requested.

Allegations won't suffice, especially on the issue of whether or not this elder actually agreed to and signed the title.

The Petition should indicate why the individuals to be restrained are a threat and what danger they pose to the elder.

You haven't mentioned your role in this situation. Is the elder your father, or are you an interested bystander?
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First, someone (you??) needs to determine if the elder in question actually signed the title to transfer it to his niece. In Michigan, titles can't be transferred unless the owner of records signs it.

If so, he did it voluntarily and your course of action would be on the basis of exploitation of an elder's memory deficit and that he was not cognizant of his actions when he signed the title.

You'd have to ask the police where to go from there, i.e., whether they need a declaration of incompetency or what.

If he did not sign the title, the transfer is fraudulent. Police should be notified as well as the Secretary of State, or whatever agency handles title transfers.

If it was a fraudulent transfer, it should be voided or reversed. And the police I believe could recover the vehicle.

If the elder is in a dementia unit, he has no use for the car, so unless his son wants it, it could just be sold once the title issue is cleared, which seems to have been the original intention.

Before you contact the police, make sure there was no consideration (money) transferred from the niece or uncle to the elder in question. The title should show any consideration, unless transfer was a forgery.

There is no reason for the elder to continue paying any portion of the insurance premium. I doubt, however, he'll be able to get a refund unless he cancels the policy, which he can't do unless he's a named insured. I'm assuming that the niece is a named insured and her daughter is an additional insured.

I think Maggie's on the right track though. I suspect the elder didn't realize he was transferring title, or thought he was just giving the car to his niece. He may have thought that he'd be driving again and that's why he was paying 3/4 of the insurance premium.

I think you have some investigating to do before taking action. It would be embarrassing to get the police involved if the elder actually did sign the title.
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What's his wallet and debit card or anything else of a financial nature doing at the nursing home?? He should have NOTHING there except his little self. As to getting the car back, if he signed it over to her, don't waste your time. Chalk it up to immoral theft and forget about it. If his name is still on the title? Find where the car is located and call the local police with title in hand. You can simply drive it away.
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The elder with dementia actually asked his son (POA) for the billfold and debit card. Yes, the POA knows this. He has contacted an atty. in search of options to stop this. This atty also sent a letter to the niece telling her that the elder is not dead and still owns the car and she was told to return it. She responded with a very nasty phone call to the atty telling him the car is hers since her name is still on the title and she is not returning it, somehow she managed to get possession of the title. It sounds as though the only other choice is to take her to court. The son has control of his investments and checking account, but we're concerned that she is now attempting to get her hands on the $$ in checking and investments. If she would sneek him out of memory care, which probably she would be able to, although not allowed, we think she would get her hands on the $$.
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Sorry, I hit submit too soon. His POA needs to know about him asking for his billfold and debit card. Does he know about the car? The man needs to stop paying for insurance for a car he isn't driving. How can people live with themselves?
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Call Adult Protective Services NOW! This woman is a thief. Call the police if necessary.
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