My mom wants to continue living alone at her home of 53 years; she is 93 and in good health for her age. My sister disagrees and thinks she should move. Can my sister force my mom to move? I don't believe in forcing anyone to do anything. What are the steps (legally) to force mom out of her home? This is urgent. Thanks!
You never know what will happen next week or next month, and then everyone is scrambling to put one or the other into assistant living and winding up in a facility not of their own choosing.
It's tough, and the answer is *no* you can't force someone out of their own home as long as they are mobile, of clear mind, and not in any danger of hurting themselves. Only thing your sister can do is recommend retirement homes and maybe one home might spark an interest. Think about all the new best friends she would have :)
Has that changed, and if so, is the second sister now holding that authority? Also, has there been any declaration of incompetency that would allow her to act with DPOA authority?
Assuming:
(a) the ill sister still holds the authority,
(b) the irresponsible sister hasn't made any false allegations or brought in APS,
(c) your mother holds title to the house, either solely or with either your ill sister or you, but not the irresponsible sister, and/or
(d) the house is in liveable condition, isn't a health or safety hazard, subject to foreclosure, or similar issue,
(e) your mother doesn't owe this sister any money or debt on the house which the sister could call (accelerate),
(f) your mother isn't a hoarder,
Then I don't see how she would have any legal authority to force your mother to move out.
Is there some reason why your sister is pursing this action?
As to the steps to legally force your mother out, I would think that this sister would have to have some legal interest in the house (via title), hold some debt over your mother that she could call, or have some legal interest that would allow her to evict your mother.
If the house is unsafe for any reason, though, that could be a basis for bringing in APS, but there should be an allowance of time for the condition to be remedied.
Since you're really concerned about the legal method of forcing out your mother, it would help to share more of the reasons behidn this sister's intent.