Chain of Events

[Sherrie Dunn]

1st Incident

1. Individual (will be referred to as Son) had clean record until January 2011. He was in a one vehicle accident, and was charged with a DWI.

Consequences: License revoked, probation, occupational license allowed, and allowance for getting his daughter on weekends.

Snowball Effect

2. He received a call ON his way to work that his mother was in the Hospital ER with a heart attack , and went there directly.

Mother's history: agreed to move to nursing home in 2006. She suffered paranoia and beginning stages of Alzheimer's and his wife was the only one who could convince her to go willingly without duress to the nursing home. The wife was given medical power of attorney at that time.

Fast forward: 2011... Three years after their marriage dissolved, now EX-wife still has power of attorney and refuses to relinquish it to the mother's immediate family.
Son wants to do a simple procedure to see how much blockage his mother has. She is stable and has quality of life, grooms herself, feeds herself, sings and participates in Zumba. She is a conversationalist, and most pleasant. He feels that if she has a margin of minimal invasive surgery to extend her life without suffering, it should be explored. Exe's stance is not to prolong life under any circumstances. They spared his mother knowledge of their divorce to avoid trauma, and so in light of the new situation, he removed all but immediate family pictures from his mother's room.
He was by his mother's side for 3+ days, and needed heartburn med., so he left to go to a nearby store. He was pulled over by local police and took to jail.

Reason for arrest: he wasn't at work, and the hospital is a few miles out of the county., and his probation does not allow driving out of the county.

EX is in the process of putting a restraining order on the son, saying his presence is detrimental to his mother's health,,AND filing charges for removing personal property(pictures).
They have texted back and forth, his intent is solely to make decisions about his mothers welfare and her medical care.

Son unexpectedly received a phone call...listen closely now...about 10:30 at night. The (Son) was at home, and his CELL phone rings. The arresting officer from the night before called the son's personal cell phone, and that OFFICER gave him the news about the restraining order and charges..

This is a very small town, the nursing home and hospital are in the same building, and the ex is friends with all the people that are in the picture, including but not excluded to, the doctor, the police officer (which is thought to be her boyfriend) and on and on....

Son has his regular appointment to see parole officer on Tuesday 8-2-11. He will have to list these new charges & arrest. What legal defense does he need to:

1. Get medical power of attorney relinquished to immediate family, and not someone removed from the situation for over three years.

2. What direction does he need to go in to take care of these new charges? He's worked hard all his life for over 30 years with the same company, and this could possibly pose a threat to his job, which requires much traveling. The Son is 57 years old and has never been in any trouble before this.

3. He wants to visit his mother outside the county without further consequences, and get the Power of Attorney put in a family members name. It should also be noted that the mother has no money or assets.

[Sgt. Slaughter]

1st Incident

1. Individual (will be referred to as Son) had clean record until January 2011. He was in a one vehicle accident, and was charged with a DWI.

Consequences: License revoked, probation, occupational license allowed, and allowance for getting his daughter on weekends.

Snowball Effect

2. He received a call ON his way to work that his mother was in the Hospital ER with a heart attack , and went there directly.

Mother's history: agreed to move to nursing home in 2006. She suffered paranoia and beginning stages of Alzheimer's and his wife was the only one who could convince her to go willingly without duress to the nursing home. The wife was given medical power of attorney at that time.

Fast forward: 2011... Three years after their marriage dissolved, now EX-wife still has power of attorney and refuses to relinquish it to the mother's immediate family.
Son wants to do a simple procedure to see how much blockage his mother has. She is stable and has quality of life, grooms herself, feeds herself, sings and participates in Zumba. She is a conversationalist, and most pleasant. He feels that if she has a margin of minimal invasive surgery to extend her life without suffering, it should be explored. Exe's stance is not to prolong life under any circumstances. They spared his mother knowledge of their divorce to avoid trauma, and so in light of the new situation, he removed all but immediate family pictures from his mother's room.
He was by his mother's side for 3+ days, and needed heartburn med., so he left to go to a nearby store. He was pulled over by local police and took to jail.

Reason for arrest: he wasn't at work, and the hospital is a few miles out of the county., and his probation does not allow driving out of the county.

EX is in the process of putting a restraining order on the son, saying his presence is detrimental to his mother's health,,AND filing charges for removing personal property(pictures).
They have texted back and forth, his intent is solely to make decisions about his mothers welfare and her medical care.

Son unexpectedly received a phone call...listen closely now...about 10:30 at night. The (Son) was at home, and his CELL phone rings. The arresting officer from the night before called the son's personal cell phone, and that OFFICER gave him the news about the restraining order and charges..

This is a very small town, the nursing home and hospital are in the same building, and the ex is friends with all the people that are in the picture, including but not excluded to, the doctor, the police officer (which is thought to be her boyfriend) and on and on....

Son has his regular appointment to see parole officer on Tuesday 8-2-11. He will have to list these new charges & arrest. What legal defense does he need to:

1. Get medical power of attorney relinquished to immediate family, and not someone removed from the situation for over three years.

2. What direction does he need to go in to take care of these new charges? He's worked hard all his life for over 30 years with the same company, and this could possibly pose a threat to his job, which requires much traveling. The Son is 57 years old and has never been in any trouble before this.

3. He wants to visit his mother outside the county without further consequences, and get the Power of Attorney put in a family members name. It should also be noted that the mother has no money or assets.

This sounds eerily familiar. Did you read the other thread about "Son"?

Tearing up someone's photos: Criminal Misdemeanor? and Power of Attorney Question

[Sherrie Dunn]

Yes sir, I did read it. I spent a lot of time to make the post I wrote as easy a read as possible. The explanation was tedious and I was hoping for a tactful, helpful advice. The other post left off some key elements . My brother made the other post and left out a lot of very important facts.

[DeltaV]

Questions about how to obtain power of attorney and answer to new criminal charges need to be directed to an attorney, not cops. We don't have anything to do with powers of attorney (a civil process), and criminal defense isn't our job. If he doesn't have a lawyer he needs to get one. If he can't afford a lawyer, the public defender will be able to help him out on the new criminal charge and your area may have a legal aid society that could help him on the power of attorney.

As to visiting someone out of the county, that's a question that needs to be directed at his parole officer if it's a condition of his parole to remain in the county. If the parole officer can't/won't change it, he'll have to go in front of a judge and ask them.

[mcsap]

1st Incident

1. Individual (will be referred to as Son) had clean record until January 2011. He was in a one vehicle accident, and was charged with a DWI.

Consequences: License revoked, probation, occupational license allowed, and allowance for getting his daughter on weekends.

Snowball Effect

2. He received a call ON his way to work that his mother was in the Hospital ER with a heart attack , and went there directly.

Mother's history: agreed to move to nursing home in 2006. She suffered paranoia and beginning stages of Alzheimer's and his wife was the only one who could convince her to go willingly without duress to the nursing home. The wife was given medical power of attorney at that time.

Fast forward: 2011... Three years after their marriage dissolved, now EX-wife still has power of attorney and refuses to relinquish it to the mother's immediate family.
Son wants to do a simple procedure to see how much blockage his mother has. She is stable and has quality of life, grooms herself, feeds herself, sings and participates in Zumba. She is a conversationalist, and most pleasant. He feels that if she has a margin of minimal invasive surgery to extend her life without suffering, it should be explored. Exe's stance is not to prolong life under any circumstances. They spared his mother knowledge of their divorce to avoid trauma, and so in light of the new situation, he removed all but immediate family pictures from his mother's room.
He was by his mother's side for 3+ days, and needed heartburn med., so he left to go to a nearby store. He was pulled over by local police and took to jail. Heartburn pills aren't life threatening. He blew this BIG time.

Reason for arrest: he wasn't at work, and the hospital is a few miles out of the county., and his probation does not allow driving out of the county.

EX is in the process of putting a restraining order on the son, saying his presence is detrimental to his mother's health,,AND filing charges for removing personal property(pictures).
They have texted back and forth, his intent is solely to make decisions about his mothers welfare and her medical care.

Son unexpectedly received a phone call...listen closely now...about 10:30 at night. The (Son) was at home, and his CELL phone rings. The arresting officer from the night before called the son's personal cell phone, and that OFFICER gave him the news about the restraining order and charges..

This is a very small town, the nursing home and hospital are in the same building, and the ex is friends with all the people that are in the picture, including but not excluded to, the doctor, the police officer (which is thought to be her boyfriend) and on and on....

Son has his regular appointment to see parole officer on Tuesday 8-2-11. He will have to list these new charges & arrest. What legal defense does he need to:

1. Get medical power of attorney relinquished to immediate family, and not someone removed from the situation for over three years. Get a lawyer.

2. What direction does he need to go in to take care of these new charges? He's worked hard all his life for over 30 years with the same company, and this could possibly pose a threat to his job, which requires much traveling. The Son is 57 years old and has never been in any trouble before this.He made some stupid choices and needs a lawyer.

3. He wants to visit his mother outside the county without further consequences, and get the Power of Attorney put in a family members name. It should also be noted that the mother has no money or assets.

[B]He doesn't need Realpolice , he needs Reallawyer !![B]


We cannot help him. He AGREED to the POA and he CHOSE to drive under suspension. Sounds like he needs to pick a good lawyer.

[ChesCopPodz]

The son (apparently finally sinking in at age 57), is learning that there are consequences to his actions. All of his driving troubles could have been avoided had he simply chosen a taxi instead of getting behind the wheel of his car drunk. Then, knowing full well that he was not to be driving out of the county, made a conscious decision to drive out of the county anyways, and got caught.

As for the power of attorney issues, that's not something the police handle. He needs to contact a lawyer to help him with those issues.

[Joeyd6]

Get a lawyer. And by the way, 100% of this could have been avoided had the son went back to the court and explained the situation with mom and asked for that location to be added to his list of places he could go.

Also, no mention of AA or counseling for the habit. That is disturbing.