1. Select a facilitator for the discussion and a spokesperson to report the group’s responses.
2. Review the scenario.
3. Discuss possible responses to the questions that follow the scenario.
Robert Jones, 45 years old, files a request for a family violence restraining order against his 66 year-old
brother, John. In the petition, Robert includes his minor son and the brothers’ 83 year-old mother as
protected persons. All of the parties live together in the mother’s home and John is her caretaker.
Robert alleges that his brother is verbally abusive to him, his son and their mother and that he has
threatened to hurt them. Robert requests that John be excluded from the residence and stay away
from Robert and their mother.
On the day of court a judicial assistant interviews both Robert and John prior to the hearing. The
petitioner, Robert, tells the judicial assistant that his brother John had always been considered the
“man of the house” after their father died when Robert was 5 years old. After John and his wife
divorced a few years ago, he had moved back with his mother. Six months earlier the factory John had
worked in since high school closed permanently. He has not been able to find a job, and as his
frustrations have grown he has begun to drink heavily. Their mother has continued to make excuses
for John’s behavior and, despite John’s increasing verbal abuse and drinking, she wants both her sons
to reside in the home. John denies the allegations that he is verbally abusive to his mother.
What issues does the scenario raise?
What information do you need to address the issues?
How should you manage the case to maximize access to justice for the victim?
What remedies are likely to prioritize safety and well-being of the victim?
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1. Select a facilitator for the discussion and a spokesperson to report the group’s responses.
2. Review the scenario.
3. Discuss possible responses to the questions that follow the scenario.
Norman Downing, an 85 year old WWII veteran, entered a guilty plea for simple battery and was
sentenced to probation. The victim is an employee at a residential adult care facility. At a subsequent
hearing on determining victim restitution, the Director of the facility appears. She advises the Court that
Mr. Downing’s wife had been a resident of the facility at the time of the battery against the employee
but that Mr. Downing had taken her back home to live because he thought the cost of her care was too
high.
The Court subsequently obtains medical records from the facility and the local hospital’s emergency
department regarding Mrs. Downing’s health and physical condition. These records indicate that the
treating physician had ordered Mrs. Downing’s placement in the adult care facility because she was
showing signs of dementia and suffering serious abuse and neglect. That physician also had reported
the abuse to adult protective services (APS) but the agency had not investigated the report.
At the request of the Court, the prosecutor files a new report with APS, which conducts an investigation.
The APS report reveals serious self-neglect by Mr. Downing and extremely serious neglect by Mr.
Downing of his wife. The report also indicates that Mr. Downing shows signs of dementia and that the
Downings have adequate assets to pay for normal living expenses. The Downings’ adult sons also have
come forward and wish to be placed in charge of their father’s financial affairs.
What issues does the scenario raise?
What information do you need to address the issues?
How should you manage the case to maximize access to justice for Mrs. Downing?
What remedies are likely to prioritize safety and well-being of Mrs. Downing?
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1. Select a facilitator for the discussion and a spokesperson to report the group’s responses.
2. Review the scenario.
3. Discuss possible responses to the questions that follow the scenario.
Carolyn Smith has been in declining physical and mental health for a number of years. Three years ago
she executed a durable power of attorney that names one of her children, Keith Smith, as her agent.
Keith is the only child who lives near Carolyn. Keith has acquired two luxury cars in the past couple of
years. He also has recently terminated overnight home care services for his mother. The women who
provided the care had worked for Carolyn for 10 years and she considers them to be trusted friends.
Carolyn complains about the change to her grandson, Zack, while he is visiting from out of town. She
tells him she is afraid to be alone at night and misses the company of her caregivers. Zack notices that
the house is messy and generally dirty.
Zack becomes suspicious that his Uncle Keith is not exercising his authority under the POA to Carolyn’s
benefit. State law allows any interested party to file a request for an accounting of transactions made
by an agent under a POA during the past five years. Zack files a request for an accounting from his
uncle, which you grant.
After obtaining two continuances, Keith produces an accounting. The accounting appears to be
incomplete, and it indicates a substantial drop in Carolyn’s bank accounts without corresponding
expenditures for her benefit. Zack files a motion to compel a full accounting, which you are scheduled
to hear.
What issues does the scenario raise?
What information do you need to address the issues?
How should you manage the case to maximize access to justice for Carolyn?
What remedies are available to prioritize Carolyn’s safety and well-being?
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1. Select a facilitator for the discussion and a spokesperson to report the group’s responses.
2. Review the scenario.
3. Discuss possible responses to the questions that follow the scenario.
Bart Trane, 19 years old, is arrested and charged with domestic abuse battery. The victim is his 83 year
old grandfather, John Trane, with whom he lives. At Bart’s first appearance, his Aunt Martha appears
and claims that Bart has been physically abusing and financially exploiting John Trane, her father, for
some time. The court sets bond and issues a no-contact order preventing Bart from seeing his
grandfather. The court refers Martha to the adult protective services agency (APS) to file an APS
petition. Bart subsequently pleads guilty and is placed on probation.
Martha decides to file a petition for guardianship of her father, John Trane. When her brother, Jack,
who is Bart’s father, learns of this, he files a petition objecting to the need for the guardianship and, in
the alternative, asking the court to name him guardian.
Meanwhile, the APS investigation goes forward. The APS investigator learns that John does not want
Bart to move away. He has been close to his grandson since Bart was young and has been happy having
him living with him. In interviews with John’s children, Martha and her two sisters report that Bart’s
father has condoned and encouraged Bart in taking advantage of John. The APS report indicates John’s
limited ability to protect himself from his grandson, his poor health and suspected limited abilities to
make financial decisions.
What issues does the scenario raise?
What information do you need to address the issues?
How should you manage the case to maximize access to justice for John Trane?
What remedies are likely to prioritize safety and well-being of John Trane?
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