she spent most of his money on some Real Estate thing. He has paid for her childern's college tuitions. Do we have to go through the Landlord/tenent process to get her out, or is there an Elder laws that will apply since it is clearly not a Landlord/tenent issue.
Social security is so entrenched in the "man makes the money the woman doesn't really work" with actuarial tables set in the 1960's when people worked for companies, it's a challenge when you apply and your situation is not the 1960's normal.
Now if she bought real estate as a LLC or Inc and you don't know the name go to the Sec of State corporate database. The owners and registered agents have to be listed. You put her name(s) and your dad's in this way to find a match. Most states go back 10 years. A treasure trove of information. To get a copy of the actual corp. filing - which details ownership,history,
attorney who field, annual report, etc,. you have to pay whatever per page. It's cheap. And if this ends up going to court, your attorney is going to have his paralegal do it anyway and bill you for it. So you can do it and save some $$.
If she has been taking care of him for years and has been a companion for years and can show a pattern of his viewing her children as a part of his family or has happy pictures of him with her kids at Holidays or vacations - then the court will likely view her favorably. So you need to have your facts to present if this goes to court.
Just think if he's now actually destitute, he can qualify for Medicaid and still have his ED prescriptions covered by Medicare for "pulmonary hypertension". Happy old roosters!
My guess is that he really isn't truly asking her to leave and all that is just lipservice to you and the family who he well knows probably can't stand her and make that obvious to him & her.
There's so much that all this could be and if this has been going on for years (which since he supports her kids is the case??), then she could be his common-law wife depending on the state or they could have presented themselves as domestic partners.
Who is his DPOA, MPOA? If this wasn't done and if he's the type who won't give you accurate information or let you look at his finances, you will need to get an attorney to go through a guardianship or conservatorship which involves a judge, a review and perhaps an outside interim guardian appointed.
These are sticky - you need an attorney for it.
If he did declare bankruptcy, that document can be a great source of information. Bankruptcy info anyone can get - you just need to go on-line to the US Trustee's site for your region and drill-down from there and pay for the transcript. You can also go to the bankruptcy clerks office to get a copy - this will be in the federal building in the closest big city to where he lives.I think all states use this with a couple of exceptions (AL & NC).
One thing to look for is if she was listed in the federally required pre & post credit counseling for the bankruptcy filing. This will give you an indicator if they considered themselves "coupled"
to any degree legally.
Good luck!
Start with adult protective services in his area. Tell them the situation and ask if they can intercede. Mention that he has asked her to move out and she refuses. He may have to file a restraining order.
There is also some missing information. You said it isn't a landlord/tenant arrangement. Are they renting and, if so, is she also a tenant listed on the lease? If he owns, does she have anything on paper that states that she can stay, or that she is now a co-owner? Can she claim that she is his common-law wife? All things need to be considered before proceeding.
In the interim, is there anyone in his or her family who can intercede, in a calm manner, and ask that she leave before all of the drama takes place? Maybe she isn't taking him seriously.
Who has his POA? That person should look into his finances, bank records, and credit report. If there is any wrongdoing, this should be reported to the authorities and at least be documented. However, if you FIL insists that these were "gifts" there is not much you can do.
Good luck and I hope this person can be extracted from his life.