My mother is afraid of being alone but I intend to move in with her if and when that time comes. In meantime, I only live like 15 minutes from her. Can check on her on a daily basis. My sister does not clean house. She has 3 dogs in house that is allowed to use the bathroom wherever and whenever. The feces is always all over the place. The house smells like a dog kennel. I have gone in and cleaned the house and told my sister to train the dogs or get rid of them and to keep the house cleaned up. There are always blankets and pillows all over living room where they sleep in living room even though they have bedrooms and the dogs sleep on these blankets, couches and pillows. The dog hair was everywhere. I have also heard some horrific stories of arguments that my sister and mother have had. My question is, if my sister does not straighten up, how can I get legal right to kick my sister out of the house or even just trying to get her to clean the house, she will call the law to remove me. Is there some sort of POA that would allow me the legal right to step in for mama? She has stated to me that she does want the problem fixed but does not want confrontation with my sister. She pretty much wants someone to protect her. At the moment my sister and I both have POA for medical decisions. If my mother took my sister off and left me POA, couldn't this fall into that category. The dogs are a hazzard not only because of the dog hairs and feces/urinating but my mother is completely blind in one eye and other eye isn't so well. She has arthritis in back and doesn't get around too well. The dogs are at her feet when she's walking around. My mother is also on oxygen 24/7. I worry that these dogs would chew the lines. There are just so many things that need to be addressed and she's scared to say anything to my sister. My sister has a temper and everytime I try to talk to her about any of this, she explodes on me.
And to get guardianship your mother would have to be declared incompetent to make her own decisions.
It does not sound like your mother is incompetent.
So ..... it is up to your mother to make decisions about who can live in her house and whether or not they can have pets and what they owe her for living there.
If you really feel this is a big risk for your mother, you might ask APS to investigate. But if Mother says, "Oh, no, I like the dogs and I've never tripped on them, and I don't mind a few dog hairs," then they might try to enforce some sanitation in the house but they are not about to step in against your mother's wishes.
So, it all comes back to what your mother truly wants and how much she is willing to stick up for what she wants.
I'm wondering if instead of moving in with your mother, you brought her to your house. It's a big responsibility either way, which should be considered carefully, especially if you move to her house. In that situation, you really wouldn't have any say over who else lived there, and your mother might allow your sister and BIL to return.
On the other hand, if your mother moved in with you, you could sell her house and invest the funds for her care. Your sister and BIL would have certain rights as tenants, but eventually would have to leave if the house was sold.
You can also try to get APS to intervene because of the health issues.