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P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 33101
Experience:  16 yrs. of experience including family law.
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I have a niece who us a heroin addict she is living with my

Customer Question

I have a niece who us a heroin addict she is living with my mom with her heroin addict boyfriend both r not working and are getting money from my mom by deception saying they r paying fines and such and taking the money and buying heroin and everyone that knows anything or that has proof is no longer allowed to go to my mom we r being alienated my mom is in denial and won't listen to anyone and takes orders from my niece to call my mom we have to go through my niece and if she doesn't want us to talk to my mom she turns her phone down or off so no one can get a hold of her my mom is 81 I think my mom is either afraid it just scared to be alone either way I want the heroin addict out of my moms house what can I do I have talked adult protection I havevtaljed to the sheriff detective and can't srrm to get any results another thing both my niece and her boyfriend r felons and neither one has a drivers license and drive my moms car everyday I am do scare for my mom her well being and financial stability what r my options
Submitted: 9 months ago.
Category: Family Law
Expert:  P. Simmons replied 9 months ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

I am sorry for this dilemma. But, frankly, I suspect your options may be limited if this is not your home...who is on the title to this home? Is it you? Your mom? Someone else?

Customer: replied 9 months ago.
My mom
Expert:  P. Simmons replied 9 months ago.

THank you

In that case, it is her call. That is, her home? She gets to decide who lives there and under what conditions. That is a fundamental principal of property rights here in the US.

Now...IF she is not competent? If she is not able to understand the nature of her actions? You could hire a lawyer and file a request with the court asking that a "conservator" be appointed over her. In such a case, if the court were to find she was not competent (not able to understand what is going on around her) they could appoint a conservator...and that person could evict the neice

This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that you can kick these dope users out on your own, but I can only provide you information based on the law so that you can act on the best available information to you...I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.