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My sister seems to be neglecting my mother, how can we evict her?

My mom is an invalid with cancer, parkinson and lewy body dementia, my sister moved here from Las Vegas to help care for her butshe has now started to neglect her. I'm my mom's guardian and all of us other siblings want to evict her. How can we do that?

Status: Open    May 03, 2016 - 09:03 AM

Elder Law > Guardianship

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Expert Answers

May 06, 2016 - 03:58 PM

If you suspect that your sister is abusing your mother, the first action you should take would be to contact your local Adult Protective Services agency. They can advise and assist you on dealing with this situation in a way that facilitates protection of your mother's best interest. As a live-in caregiver, your sister can technically be "fired" by you, the guardian, and instructed to leave. If she refuses to leave, then she is trespassing on your mother's property, and you can call the police to remove her. If all these options fail, then you should get in touch with an eviction attorney to file an unlawful detainer lawsuit. Remember that you as guardian have the authority and obligation to act in your mother's best interest. If you were in your mother's shoes, you would likely consider all of these options to get an unwanted, neglectful caregiver out of your house.

May 11, 2016 - 07:19 AM

The answer provided by Mr. Gaskin is a good one. I would also suggest that you go to your local law enforcement and discuss the situation. Elder abuse and neglect laws have been improved in many states in the past few years. If she can be charged with a crime she will likely be required to move out as a condition of her release from jail. The neglect would have to be significant or involve money before law enforcement would help. I suggest this because this would be much quicker than if you have to file an unlawful detainer or ejectment action in court to remove her.
Best wishes and Godspeed to you.
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