Do I need an elder law attorney?

Asked about 1 year ago - Reno, NV

8 months ago we allowed my 68 y/o mother to move into a small 1 bedroom detached apartment in our home. We have no contract and we have never asked for rent. We allowed her to come live with us temporarily until she could get subsidized housing. She contributes nothing to the expenses such as rent, utilities, etc. We have allowed her to live with us free of charge and paid all the expenses. We have no written or verbal agreement that we would take care of her in old age. And, she has NEVER given us money and nor is her name on the mortgage or any another docs
But, my mother is starting to make our lives a living hell. Making all sorts of financial and emotional demands of us. She has a history of being emotionally unstable with rages and outbursts. We need to get her out STAT. Help?

Attorney answers (4)

  1. Kelly Scott Davis

    Pro

    Contributor Level 18

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    Answered . If your gut reaction is that you need an elder law attorney, you need an elder law attorney. You haven't given much information about your mother's mental state other than to say that she has a history of emotional instability. Although you have no written agreement, if she is determined to be a vulerable adult by Adult Protective Services and they consider you to be a caregiver, you could be facing problems for withdrawing or withholding care. You should err on the side of caution and sit down with an elder law attorney who can advise you of the risk as well as your options.

  2. Robert Edward Fenster

    Contributor Level 14

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    Lawyers agree

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    Answered . An elder law or family law attorney is the right way to go. Good luck to all involved!

  3. Thomas D. Boley

    Contributor Level 14

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    Lawyers agree

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    Answered . No, you don't. If she is a guest in your home, you can just tell her to leave and she has to leave. If she is considered a tenant (which seems likely here), you would have to evict her. Compliant tenants get 30 days of notice, non-compliant tenants get 5 days.

    That being said, she might be suffering from some ailment that is causing the rages. You might want to get her into a clinic so she can get checked for dementia or other possible issues. You should not feel bad. If you are not qualified to care for her, you should put her in the hands of someone who knows what to do.

  4. William Ray Pelger

    Contributor Level 14

    3

    Lawyers agree

    Answered . an elder law attorney or if you have a decent social services agency for the elderly, you could get advice from them. you may want to have her doctor give her a competency exam.

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