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In 1998, my mother signed a new lease that stipulated that she and my father were the only residents allowed to occupy their apartment. It expressly said no children can live here. They are aging and need a caregiver. How is the position of caregiver legally established?

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Is this a 55 and over community? I am in Florida and there are many of these with problems arising due to grandchildren living with a grandparent. Are you over 55?
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Quoting Attorney at law Kevin P. Keane:
"agreements not reduced to writing, are NOT worth the paper they ain't written on."
Get the lease modified by an attorney in some written document
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Wearing my other hat as the mother of a child with a disability, I vaguely remember something about the Americans with Disabilities Act overriding local laws and rules when it comes to live in caregivers.
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Hope there is an update to this soon....I am considering moving into my parents home, which is part of a homeowner's association. They cannot rent their home out, and no unrelated people can reside there. So I am safe, but the other caregiver (paid, unrelated) cannot "live" there, but I imagine she could stay overnight here & there if needed.
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I like what eyerishlass wrote. Check with the leasing agent to see what is possible.
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The lease says no children but I'm assuming you're an adult now?

I have a lease and it also says that I can't bring anyone in to live with me. I imagine that if you moved in your mom would be in violation of her lease. When is her lease up? If you need to live with your mom to care for her you two might have to get another place to live. That's what I had to do when I realized my dad needed more care. I had to break my lease and find a whole other place to move into with him.

Your parents' lease is a contract. I doubt that you can challenge that because you have no legal right to live there and when your mom signed that lease she agreed to that.
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How long was the 1998 lease for? Leases usually have a beginning and an end date. If the lease is still in effect, you would need to speak with the owners or leasing agents of the property to see if a third person would be allowed as a caregiver. You would be a third adult, so wouldn't be considered children. The main concern I would have is if the residence was restricted to no more than two residents. Talk to the people in charge. They may say no or they may add you to the lease agreement if that is what you would like. (Warning: you may be stuck with the lease after your parents have moved on if not careful here.)

The only legal way to be a caregiver that I can think of is to draw up a caregiving contract with your parents. It says that you will provide certain things, then they in turn will provide other things, e.g. pay with room and board. I don't know if it is what you would want to do in this instance, but it is something to consider.
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