How can we get my sister (once a caregiver) out of my mom's house, so my mom can go back home?

If it is your mother's house, you serve her an eviction notice that either your mother signs or the POA signs. See an attorney.

Ryda, Pam gave you the answer you need to get your sister out.

She needs to be evicted; that's not a sarcastic answer; it's fact. She refuses to go, she presumably has no title interest in the house, and if she's changed her mailing address to your mother's, that could be considered her legal address.

So, since she won't go voluntarily, you have to evict her. That's the procedure in such a case.

You wrote she's living there fore free? Is she paying any bills? If so, you might have to have those switched as soon as the or just before the eviction to avoid loss of power when she moves. It also wouldn't hurt to have the police present on the day she moves so she doesn't destroy things. From your description, she sounds a bit unstable.

You should also ask the police if you can stop paying the bills. I'm not sure about the law in this kind of situation or in your state, so best to inquire before doing so. However, you can't be expected to pay bills when she's living there against the owner (your mother)'s wishes.

You should also be aware that if your mother refuses to sign a will, intestate (death w/o a will) laws in your state will prevail. That could include your sister, who could end up getting a portion of your mother's assets.

And w/o a POA, no one is going to be able to step in when your mother needs more assistance.

Regardless of whether she wants to sign them or not, they're not only legal, necessary but basically good common sense and protection for the future.

Thank you so much all for your input. You have given me the courage to have the eviction notice started. I'm paying an eviction agency, but it will be well worth it. I thought it would have been expensive, but it's not.

Just wondering, since you have all had a go at caregiving mom and burned out one after the other how realistic is it that she is going to be able to return to her own home without another full time caregiver?

Can you provide a bit more info - is it your mothers house that sister is living in? Was sister the previous caregiver? If so, for how long? How long has sister lived there? What type of care does your mother need and can an outside caregiver be hired?

How will your mother be cared for after the sister is out? As Pam stated you will need to evict her. You can't turn off the electricity or make threats. Look up the eviction procedure in your state. Your sister may have rights depending on unknown factors that could make it difficult to get her out.

The important question at this point is whether your mother is willing to evict her daughter? If she isn't, then this might not be the solution you are looking for as you don't have the authority to evict your sister yourself. Even if she does evict her, it will take time to go through the system. The baby is coming and you feel guilty because you've been working and only have your mother every other weekend. You understandably want to spend time with your daughter and grandchild.
Your elder sister is burned out and needs a rest. A respite stay of a few months at an assisted living for your mother might be worth checking into while the eviction works it way through the system.

97YearOldMom makes a good suggestion of a few months in AL; it could be a respite, and presumably it would be safer while the eviction is in process. If there is any kind of security, it could prevent the youngest sister from pleading to or harassing your mother during the eviction.

It also temporarily address CWillie's question of how your mother could return home. This could be a trial placement.

Ryda53, if everyone is getting burned out taking care of your Mom, maybe it is time to sell Mom's house and use that money for Assisted Living.

If your sister wants to stay in the house, then she and her husband can purchase it for fair market value.... has to be fair market value in case in the future your Mom need Medicaid to help pay for her care.

Or do you think your sister would be agreeable to pay a reasonable monthly rent... you can tell her that the rent would be used to pay for the property taxes, mortgage [if any], and for Mom's care at Assisted Living.

tacy022, I don't think mom can go back home either. Mom needs a facility with 24/7 care. Once that happens, there is no money for the house, so the sister living there has to either pay the utility bills, taxes, insurance, etc. herself, or move out. Even with a caregiver exemption, there's no free ride.