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JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 33938
Experience:  Began practicing Family Law in 1992
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How would one go about removing someone from their home if

Customer Question

How would one go about removing someone from their home if that person is mentally unstable? And a family member.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Tucson, Az
JA: Has anything been filed or reported?
Customer: She was in hospital twice for not taking medications and fell very ill, And husband let ambulance people know she had been off meds and talking to people that are not there and laughing like a loon. She had been removed from his parents property in california for mental issues and put under psych evaluation for 72 hours
JA: Anything else you want the lawyer to know before I connect you?
Customer: She had been removed from their home for pulling a knife on her mom. She is talking and screaming to herself and at times laughs and has no memory of doing these things I believe she was diagnosed with more mental issues in california
Submitted: 2 months ago.
Category: Family Law
Expert:  JD 1992 replied 2 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Expert:  JD 1992 replied 2 months ago.

First, to get her out of the home you can file an eviction just as she is a renter. You have to go through the same notice and lawsuit provisions as if she was a renter. At the end of the process the judge will issue an order telling her to leave. If refuses to obey the order the judge will then order law enforcement to remove her. However, if you are wanting to have her removed and force her into treatment the first step you can take is to contact the local Adult Protective Services or local mental health agency and explain the problem. Sometimes (occasionally) they will take the initiative and file for an involuntary commitment through the courts.

More often, unfortunately, they will not take any action other than to give you a few pamphlets or something, if that is what happens then your only choice is to hire a private attorney and have them file for an order removing her from the home and an involuntary commitment. It would be a little more difficult than normal since your attorney will probably have to subpoena her mental health records to present to the court. However, if she is observed in the kind of behavior that you relate by the local police or in court the judge is judge going to grant the order and have her admitted and evaluated.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.

Customer: replied 2 months ago.
Thank you for the information it is greatly appreciated.
Expert:  JD 1992 replied 2 months ago.

You are very welcome. Please don't forget to issue a 5-star positive rating so I can get credit for my work.

Expert:  JD 1992 replied 2 months ago.

I am about to go offline for the evening. I will be back online tomorrow so if you have any follow up questions please ask them in this thread and I will answer them as soon as I see them. If you haven't issued a Positive Rating yet I would encourage you to do so now. Issuing a Positive Rating will prevent the question from timing out and closing and will lock it open so it can be accessed and the Q and A can continue at any time from this evening or even a year or more from now.