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Lanilou78 Asked March 2020

I am an informal caregiver, one of 3, one went and got papers saying she was the legal care taker. Can she now kick us out?

All 3 of us care for my grandmother for the last few years. It's me (granddaughter), my mother (daughter) and my daughter (great granddaughter). Recently my mother has starting accusing me and my daughter of doing things we aren't doing. Then today she went and got papers and grandmother made her the legal caregiver. Can she legally kick us out now because she is trying and I have been here 2 years and my daughter 3 years. Mind you my grandmother wants us all here. And she has no problems with memory or anything. We have paid her to live here while helping but my mother hasn't. My mother (now the legal caregiver) has been here for only one thing. Waiting for money cause grandmother's house is getting sold. Can she legally kick me out with no good cause and if patient still wants us here? She started calling people and telling them that my daughter had coronavirus and was going up at night and coughing on gma. Which is so not true. What are my rights?

JoAnn29 Apr 2020
You must mean a POA? Never heard of a legal caretaker. And if Gma is competent, she can revolk that agreement. As said, as long as Gma is competent to make her own decisions, Mom can't do a thing. And since you have been paying to live there, Gma would have to evict you. And, since you have been paying, where is Mom going to come up with the money that you having been giving Gma since seems Mom does not contribute?

What is going to happen to you and daughter when Gma sells the house. Mom is not entitled to any of the proceeds unless she is on the deed. Gma needs to keep that money for herself. If she ever needs Medicaid for LTC, she will be penalized for giving Mom any money.

Does your Mom suffer fro BiPolar because her actions seem like she does.
Talk to Gma when Mom is not around. Ask her if she really wants your Mom to make decisions for her or was she coerced. If this was a POA, then go to a lawyer to have it revolked and you assigned. If its just a piece of paper Mom wrote up and Gma signed it. The only thing it may be good for is getting info from a Dr or being able to make decisions if grandma can't. But then, it may need witnesses or/and a notary.

So to your answer...NO Mom does not have the authority to kick you out if Gma is of sound mind. Not even POA gives u that right.

Ahmijoy Apr 2020
I agree that to avoid all this stress, you might want to consider moving out. However, I read on your profile that you are bi-polar and also suffer with depression. How severe are your issues? Could you, with meds, live on your own? It doesn’t sound like a very mentally healthy environment for anyone. If I knew I wasn’t wanted somewhere and lies were being constantly told about me, I’d get out as fast as I could.

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Geaton777 Mar 2020
Are you saying your grandmother made your mom her PoA? If so your mother can't act against your grandmother's wishes if she has all her mental faculties. PoA is only when someone is incapacitated to act in their own best interest.

BarbBrooklyn Mar 2020
So, if I read this correctly, your grandmother entered into some sort of legal agreement making your mom her paid caregiver?

And your mother is now spreading untrue rumors about you and your daughter?

Is there a reason that you don't have your own place to live and a job?

Does your mother suffer from mental illness?

More information will get you better answers.

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