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Roger, Attorney
Category: Family Law
Satisfied Customers: 31737
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Do I have the right to force my 91 year old mother out of

Customer Question

Do I have the right to force my 91 year old mother out of our home? We moved her to AZ from Il in December with the understanding that she would select an assisted living facility to move into. She is now refusing to make a decision and is also over medicating (and threatening us with calling the police because I've taken her meds away) and being belligerent and uncooperative every step of the way. I feel like I'm being held hostage in my own home.
JA: OK. The Family Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: no
JA: Please tell me everything you can about this issue so the Family Lawyer can help you best. Is there anything else important you think the Family Lawyer should know?
Customer: no
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Submitted: 1 year ago.
Category: Family Law
Expert:  Roger replied 1 year ago.

Hi - my name is ***** ***** I'll be glad to assist.

If you cannot convince your mother to move into an assisted living facility, and if she will not otherwise voluntarily leave, you may literally have to evict her just like a normal tenant.

Expert:  Roger replied 1 year ago.

It is completely legal to evict her after going through the regular notice provisions (30 days to vacate or be evicted, etc.), but even so, a judge may not give you an eviction order right away because of her age. Instead, he may/could continue the case for a while and inform your mother that she must find alternate living quarters before the next court date or he'll/she'll have to evict her.

Expert:  Roger replied 1 year ago.

If you need anything further, please let me know. Also, please take time to positively rate our conversation so I may receive credit for assisting.

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