Also she is suing a younger brother for trespass. My friend, the brother moved in with his parents when his marriage broke down, and his daughter went to live with him and her grandparents also. He has cared for both parents as they became more and more incapable. Now in their 90s, an older sister who had been granted Power of Attorney put one parent in care and took the other one to live with her. She has taken her brother and niece to court saying they are trespassing in their parents' property. She has gained the support of her other sisters and brother, who will all benefit financially from the sale of the very large house. Another sister three years ago sent her son to live with her parents supposedly because it was nearer to his college. His college ended but his abusive parents didn't want him home again, so he is a third family member living in the house with his uncle and cousin. They have formed a very close family unit of their own and my friend wants them all to stay together. A local authority would separate them all and they could end up miles apart, simply because the older siblings want them out simply to make a fistful of cash. All three family members living in the house are taking medications for anxiety and depression and are living only on state benefits which makes good legal representation impossible.
Is there a Social Worker/Care Manager/CPN involved?
If depression is this bad should be known to Mental Health Team, GP can refer.
Being known to MH Team does not = being sectioned! I live at home (alone since being widowed) with MPD/DID and am full time carer to widowed brother in law with dementia.
Also talk to Shelter, these are vulnerable people with rights. Grandparents have rights to, Having POA is not the same as having invoked it. Has this happened?
I have LPOA for BIL but it doesn't come into effect until court ratifies it on proof that it is time for me to take over decision making.
Also look into Mental Health Mediation should be free, while not legal they can offer support & fill forms.
Do keep us updated & feel free to private message me
Are the parents on Medicaid? Might they have to apply for it? Did your friend care for his parents to the extent that doing so kept them out of a nursing home at least two years? If so, he may have some rights to the house.
Are both parents incompetent to decide what to do with their own house? Has a court declared them incompetent? Are they aware that their daughter is evicting their son and granddaughter?
I understand what a hardship it will be to pay for legal representation. I do. But not having good sound legal advice could result in even more of a hardship. I think they need to pool their pennies and consult an Elder Law attorney about the home situation.
If they are living on state benefits (disability?) do they have a case worker? That might be a good place to start gathering information about what would really happen to them if they have to leave the house. If they are all eligible for subsidized housing, might they get housing in the same building? If the three of them can afford to rent a house or duplex or 3 BR apartment, why would "local authority" separate them?
I don't know why the POA is claiming trespass -- has she already gone through the eviction process? That would be required first.
If you can help them determine what their options actually are that would be a true act of friendship.