Q: My father can’t testify at his own elder abuse PFA hearing due to mental incapacity, I have POA, will it be denied? My father has been physically abused and mentally abused by my younger brother. Recently, my brother is financially exploiting him too. My father is mentally incapacitated due to severe depression, Alzheimer’s disease and dementia and physical illness and he can’t testify on his own behalf. I want to file for a PFA since I have a durable power of attorney. And since I know about all the abuse and financial exploitation, I am able to testify to get the restraining order. Do you think the restraining order will be denied at the hearing in court?
A: You cannot step into his shoes and testify him because you are his Agent on a POA. however, I think you can still prevail at the Protection From Abuse Hearing if you or someone else can give first hand testimony of the abuse-actually witnessing the abuse. I would suggest that you bring father to court so the judge can see his condition and bring a copy of the POA to show that you are the agent. I would strongly suggest having a lawyer represent him at the hearing.