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Although this is not an easy place to be , I need my life back and I can’t take this any more. She needs to move out. I have given her several places to look at and none have been to her likes.


In the end of February 2021, I told her I can not do this any longer and she has 30 days to move which is end of March. April is here and my mother is still in my house. I am going insane. She will not go to any of the places I have provided to her. What's the legal thing to move her out?


Advice pls,
thank you

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Get a 'needs assessment' through the local area agency on aging. If she is "independent" then get a lawyer and start eviction procedings.

The next time she becomes verbally abusive, call 911. File a complaint and/or have her transported to a psych hospital.

Frankly, she sounds mentally ill to me. She needs more help than one human being can provide.
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For any person looking for a place to live is daunting. To a person with dementia it is impossible.
YOU choose a place that is appropriate and by this I mean a Memory Care facility. Complete all the required paperwork. Most likely she will have to have a physical and some tests prior to moving in. Then move her in.
If she has not been declared incompetent she can refuse to enter a facility. So you have to have the proper diagnosis.
Do you have POA?
You might have to obtain Guardianship in order to move her if you do not have the authority to do so.
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Refusing to move is sometimes actually lack of judgement, processing & planning skills. Or sometimes may be cultural or long held expectations. Or maybe just stubborn!

Involving a third party may add insight & get things moving.

Have you had an elder assessment done? To investigate what care needs your Mother has & where can that be best be provided. If not, book it.

Care needs may be on a scale from;
1. Independent (like the Golden Girls)
2. Partial Independence
a. needs a little help
b. needs a lot of help
3. Dependant (significant help required most ADLs)

So you can see if Independant Living, Assisted Living or even Skilled Nursing is required.

That would be my start.
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Your profile states your mom fights with you and can even be verbally abusive. You've done the right thing by giving her time and pointing out other residential options. She obviously doesn't believe you'll force her to get out (or, she is literally not able to process this). She may be inwardly terrified, since your profile also lists she is 76 and has dementia. Does she have an actual diagnosis? Are you her PoA? If you are not her PoA I would attempt to convince her to assign you as her PoA. Then, when you are able to take her to the doctor and she gets an actual diagnosis of cognitive impairment, it will be "easier" legally and emotionally (on you) to do what it takes to pick a new home for her and move her out. If you are never made her PoA you will either have to pursue guardianship or call APS and have the county pursue guardianship. You can check on the protocol for eviction in your state, but you will still need to help her find a new place to go and figure out how she's going to pay for it (if she's even capable of carrying out basic tasks like writing a check). Teepa Snow is a dementia expert who has many informative videos on YouTube about dementia and how it changes people and how to better understand and engage with someone with dementia. It may help you to figure out how to handle your mom's situation. If money is an issue and your mom qualifies for AL, some state Medicaid will cover that, not sure about yours. Otherwise, all states cover MC or LTC but she must qualify for that level of care for Medicaid to cover it. Then she will hopefully qualify for Medicaid. Maybe try calling social services for your county and have a discussion with them -- they've seen it all and might have good guidance for you. I wish you success in finding a resolution that works for the both of you, and may you gain peace in your heart and in your home.
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Could you and your family move house? - and then just not take her with you.

It looks as if it's going to take something unconventional and perhaps initially extreme-sounding to change your situation; it's been going on for so long that it is evidently not an issue you're able to solve in the ordinary way. But also your mother is quite young, you state in your profile information that she has dementia but nothing else in your description seems to indicate that, and it can be hard to change a person's view of you when you've let her get away with her learned dependency on you for so long.

If she *does* have dementia, or is otherwise mentally unwell, it makes a big difference. Has any of this been formally investigated?
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Start formal eviction proceedings.
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Of course she's still there! She has no intention of moving, even if you've told her it's time. You could show her Buckingham Palace as her new home and she'd hate it.

Why would she want to move? She's in your home and has you to do for her. It's been 14 years and she's fine with how it is. Nothing will happen to her if she never finds another place; she's certain you won't make her leave. She doesn't care if you're suffering.

If she has dementia, there's no "pick a place, mom". You have to pick one and get it set up. I don't know anything about getting POA or Medicaid or anything, but many on here do.
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I’m writing this in total ignorance of US law. Still, sometimes the unexpected works. Take her to a hotel, change your own door locks, and leave her and the hotel reception with the list of good places for her. Then stop taking calls.
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Geaton777 Apr 2021
Margaret, you can't purchase a hotel stay without a credit card and ID, which would be the OPs. What would most likely happen here in the US is that eventually the hotel manager would call the police and the police would take her back to her legal RESIDENCE, where she lives with her daughter, probably on the same night. By law the OP would need to let her back into her legal residence. She can only be evicted. It's the only legal way to get her out short of reporting her to APS (and APS would get to decide if this is a legitimate concern) or her making threats of violence and the OP calling 911 where she would probably be removed to a hospital and then released back to her legal residence if they don't find she is incapacitated. Please don't post if you are not familiar with the laws.
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What is her financial situation? Are you POA?
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I’m going to repeat an answer I gave that got buried, after Geaton made a perfectly reasonable comment about me not knowing the eviction law in the US. I said ‘Mother has been stalling and stalling and stalling, and nothing happens. There is just a chance that actually being removed (to a hotel), a lot of fuss with the hotel, and the police turning up and hearing all about it, would convince mother that she can't continue to stall and expect nothing to happen. Even here, where I do know the law, I also know that the unexpected often works, particularly with people who think that they can't ever be forced to do the right thing’.
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Geaton777 Apr 2021
I understand your strategy but if there's a chance the OPs mom may actually have the beginnings of dementia, then this type of object lesson would probably have no effect on her. OP needs to either try to get PoA and get her mom tested, or call APS or evict her. There's no good or easy solution here, unfortunately.
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