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My father recently had a stroke, Mom is handicapped with leg ulcer and heart problems. My 2 grown brothers, 43 and 47 still live with them in their house. The 47 year old is mentally Ill, but does most of the care giving when I am not there. The other brother is a drug addict that has never worked and manipulated my Mom all his life. Dad came home from transitional care 2 weeks ago. The brother that is the drug addict has been asked to move, hundreds of times, he recently gave Dad too much of a sleeping pill on purpose (mom doesnt think so) he also has been verbally abusive to both Mom and Dad. Mom has asked him to move and he just overlooks her. Any ideas of how I can get my brother removed from the house before he hurts either of my parents?

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Carol,
I think any kind of eviction proceeding along with a restraining order are tackling the wrong side of this problem. Your mother is enabling your bad brother's behavior and is likely in denial. If she is still of sound mind (sounds like her problems are only physical) then she can legally unseat the eviction and the restraining order by refusing to sign the documents unless YOU are the owner of the home and have custodial rights for your mom and dad. The solution I recommend is to get your mom and dad out of harm's way. Can you work with your local Dept of Aging to place them in an Assisted Living facility? Since your "good" brother has his own problems he may not be a fit caregiver so this will help your case. You may be able to get him into a group home where he will be safe and functional. that will leave your "bad" brother to fend for himself in a home that he neither owns nor has any financial interest in. A good estate/elder law attorney can assist you with that part but work on getting mom, dad, and good brother placed in Assisted Living first and do not give them any clues about how you will handle "bad" brother when the time comes. Oh yes! Begin to document everything bad brother does, like messing with your dad's medication or stealing money from them. You need to make a strong case for abuse if you need to get law enforcement involved. But concentrate on getting mom and dad out first.
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No, my post was not an answer to the awful situation, but more of a 'call to arms' if you will. An assistant pastor at the church we used to attend, was shot and killed a few years ago by his son who was high on meth. So NO, it wasn't an answer per-say, I was saying, it is something that IS really serious, and NEEDS immediate attention, before it does end up on the eleven o'clock news.
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Chamge the locks and get a restraining order against him. If he violates it, and he probably will, call the police who will arrest him and put him in a rehab.. By all means get him out of the house NOW!
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I am in the law enforcement field and what you need to do is an eviction on anyone that has lived in the home for more than 30 days. Then you can possibally get a restraining order or he can be issued a criminal trespass warning, then he can be arrested if he returns.
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You need to keep a close watch on him and if anything smacks of elder abuse, you can confront and call APS. Make sure that you have contacted your parents bank to make sure no shenanigans are going on. Ask them to alert you if any large amounts are withdrawn or written to your brother whom you might suspect is bordering on Elder Abuse. Be sure to spend time alone with your parents, letting them know that if they are uncomfortable with the current situation in any way to alert you. The problem is that they become dependent on him and then don't want to upset that situation. Trust your instincts and act immediately. Don't let your concerns go too long.... Geriatric Care Mgr
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the one thing you have to do is call adult protective services, they will be able to assist law enforcement agencies to make sure he is not able to hurt your mom and dad.
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I agree with everyone else take legal steps to have him removed. I would be careful about telling him though, because he may blame them and hurt your parents, or steal from them. Honestly ain't life grand at times...Adult protective services or the department on aging in your state is a good place to start... take care, J
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It seems your parents age and health has made them unable to rid themselves of an unhealthy situation. Adult Protective Services is the best place to start. Does anyone have POA? If so, that individual can proceed with eviction proceedings.
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I agree this is one time you need APS and call your local police to ask their advice. Everyone should be on board both the parents and you and your other brother.
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You know, this is the kind of thing you see on the eleven o'clock news. "Drugged out son kills family... stay tuned after this commercial break".
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