Laswell v. Laswell

















Filed 8/3/10
Laswell v. Laswell CA3











NOT TO BE PUBLISHED

California
Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or
relying on opinions not certified for publication or ordered published, except
as specified by rule 8.1115(b). This
opinion has not been certified for publication or ordered published for
purposes of rule 8.1115.





IN THE COURT OF APPEAL
OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Butte)

----




>

VIRGINIA L. LASWELL, an Incompetent Person, etc., et al., Plaintiffs and Respondents, v. MARY ELLEN LASWELL, Defendant and Appellant.

C062464 (Super. Ct. No. 146066)

Plaintiffs Susan
Laswell and Lorraine Buchla are the sisters of defendant Mary Ellen Laswell. As the health of their mother, Virginia
Laswell, deteriorated, the disputes between the siblings increased, culminating
in a civil harassment restraining
order against Mary Ellen. On appeal,
Mary Ellen contends that there was no basis for this order and that the order
infringes on her constitutional rights. We disagree and affirm.

Facts
and Proceedings

Virginia Laswell had
three adult daughters: plaintiffs Susan
and Lorraine, and
defendant Mary Ellen. Virginia suffered
from dementia and, according to her doctors, was incompetent to make her own
decisions.

Pursuant to Virginia's health
care directive, trust, and power of attorney, Susan was authorized to make decisions
about Virginia's care
and finances. The health care directive
empowered Susan to make all health care decisions, such as choosing or
rejecting physicians, health care professionals and health care facilities. The power of attorney empowered Susan to
provide Virginia with
â€