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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33734
Experience:  Began practicing law in 1992
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My mother will not move out of my appartment. She has made

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My mother will not move out of my appartment. She has made false reports of abuse about myself and my husband. She refuses any medical attention. She falls and calls the paramedics to pick her up off the floor yet refuses to be taken to the hospital because she knows they will put her in a nursing home. She has stopped paying her Medicare spendowns so she lost her Medicare and we lost anyway of placing her in a Nursing home. She has been in and out of state mental hospitals over the years. I was removed from the home as a child due to her abuse and neglect. She has lived with seveal family members and they all result in them kicking her out due to her making false accusations of abuse on them. My siblings will not even talk to her and offer no help because of things she has done in the past. I have talked to several doctors and the police and they sau there is nothing they can do they can not legally force her into a nursing home. She can not clean herself, she can hardly walk, she refuses to go to the doctor and if the docotrs will not give her pain medication she will seek another doctor. She has a long history of prescription druge abuse. I am at a loss of what to do now. I want what is best for her and I can not give it to her. I have Multiple Sclerosis and not able to give her the care she needs. I can not afford to go to court and get an attoryney for this as I am on SSI. I can not contniue with her living in my home for emotianal reasons and she needs full time care. When i do speak up at the hospital or doctors office she knows just what to say as she was an RN and Director of Nursing for 40+ years. She has also tole me she just don't care what happens to her medically anymore and with her mental illness i am not sure if i need to take that as suicidal or not. She has been hospitalized several timed for suicidal tendencies in the past. I know this is a bit jumbled up and I hope you can get the jist of the situation even though it is not fully detailed. I would like to know what my options are and how I can get her into a nursing home or assisted living. She tells me she has no intention to leave. I did give her 30 day verbal notice to find suitable housing for her. She said I can't legally do that.
You will likely need to file to evict her. You can do that by going to the local court and asking them for a copy of pleadings filed by a lawyer in another eviction case and using those as a form or by buying the forms at a place like this site or at http://www.nupplegal.com/eviction/neeviction.html

After you fie the eviction notice and have her served you will have to have a hearing and produce proof that it is your property. You can do this by things like utility bills or a copy of the rental agreement, etc.

Once the judge rules in your favor he will give her a certain period of time to leave and if she doesn't then the judge can order the police to remove her.

Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
Customer: replied 6 years ago.
I understand I can evict her thank you for that information. As I said she needs full time care. I prefer to see her in a place where she will get the care she needs such as a Nursing home or assisted living center. By law I know I can not force this on her so my hands are tied. It is not safe for her to live alone but with the fasle accusations of abuse and the mental illness she has it is unbearable to live with her and it is a strain not only on my marriage but my health. I have contacted doctors and they do nothing. The police have said she clearly is NOT abused but they can not do anything. I need to know what steps I can legally take now in order to get her where she needs to be and out of my house. I can't just evict her with no place to go and someone her age and health. She can not even clean herself properly, prepair meals for herlself, and can hardly walk. With her history of mental illness with the false accusations of abuse and that she has stoped her medicare in order not to be put in a nursing home what can I do? Do I need to have her declared incompetence and would she be?
I'm sorry I misunderstood what you were hoping to accomplish.

If you had the funds then the best option is to hire a lawyer and file for guardianship. That is the only thing that will resolve the issues and allow you to place her in a facility. You may try contacting Legal Aid to see if they can assist, but I doubt they are going to get involved in a probate.

Absent doing that your only alternative is to contact Adult Protective Services and explain your plight and see what they suggest.

Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
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