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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11842
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I have been living in Arizona since August, 2013. My elderly

Customer Question

Hello, I have been living in Arizona since August, 2013. My elderly parents, 876 and 88 live close by and I live in one of their homes. At first the arrangement was very cordial; but as their health has slipped: they took my dad's driver's license in March it has become very tense. I have lived here, paid the bills, paid my parents what I could afford (as I still have my property in Colorado I am caring for) and there was not at any time a written agreement or any documentation. My mother has early onset dementia, I worked for both the Sheriff's offices in Colorado and Arizona as well as 911. I am now, as of today, being threatened and told to get out of her house; was having lunch with both parents and she just told me to leave. I have no spouse.....two grown daughters with families and basically zero help here. They have come and gone threw all of my personal belongings, financial, medical, computer information while I was in Colorado last year for four months. I have a mild case of remitting relapsing MS, so I had friends who allowed me to stay there last year away from the 120 degree heat here. I have cared for this property; followed all of the rules; jumped threw all of the hoops, been at my mother's call for medical, etc. She is now wanting me to get out as she wants her full rental money for this house. Once again, there is nothing in writing, lots of hearsay and repeated conversations, and I am wondering what avenues I have as possible parent to adult child I have available to me in Arizona. I am familiar with Colorado legislation but not so much here. I am a little afraid of my Mother, significant bad incident last year and I cannot just up and move on a dime. What legal rights do I have living in this house, with their complete approval and invite, as I do not know what she might do with her mental state?
JA: Since laws vary from place to place, what state is this in?
Customer: Arizona.....living in Sun City just 2.1 miles from my parents so when they call I take them to hospital, etc. I have my place in Colorado leased to stay here to help them.
JA: Have you talked to a lawyer yet?
Customer: No sir I have not.....the incident at the house today where she kicked me out prompted me to reach out for advice.
JA: Anything else you want the lawyer to know before I connect you?
Customer: She had me involuntarily admitted to a psychiatric hospital last year; however, after going to Colorado and seeking treatment from my doctors there, she had wanted me evaluated for an SMI, severe mental illness. I was given a clean bill of health, have doctor's letters and statements to support my treatment. My mother is the one they diagnosed with Munchausen Syndrome by Proxy based on four months of therapy and family input. She has victimized and neglected me my entire life and I am only here, as I was invited, to be available when they need something. There was never any mention of money, or anything until just recently she is complaining about not getting the full $900 a month. I cannot work and live on $1,378 in SSI benefits a month. My house is leased and that pays for the house payment, HOA dues monthly and my car insurance. I spent five days in this hospital because she called the Crisis Center, knew better than to call 911 as I am a certified operator there, and I will just pay off that bill in June. I am at my wits end about how to deal with this situation and my legal rights. I was told there are no boundaries, they do not respect my privacy or that of my personal belongings; even tampering with my mail. She is very ill and they both shou8ld probably be in assisted living. I am just trying to survive her hateful, evil threats. Her temperament changes drastically on a daily basis. I was trained by the Sheriff, Maricopa County, to identify and assist elderly with these types of issues but she refuses to acknowledge anything is wrong and threatens me too much. I have all of my furniture, etc. in this house which has been my permanent residence since 8/16/. I noticed she is starting to put mail addressed to her or my dad at this address as I get it....please advise what you think I should do to protect myself and my belongings. Thank you so much.....
Submitted: 5 months ago.
Category: Family Law
Expert:  P. Simmons replied 5 months ago.

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

Expert:  P. Simmons replied 5 months ago.

I am sorry for this dilemma. But not sure I understand your specific question. Can you tell me, what is the question? Are you asking if they can evict you from the home they own?

Can you speak on the phone? This would allow me to address your concerns directly. There is a nominal ($5) additional charge. I do not time my phone calls...we can converse until you receive the information you need.

If you are unwilling to speak on the phone I will opt out of this question and allow others to assist, if they are willing.

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Let me know if you have questions.