New cousin came on scene 9 years ago and about 5 years ago got aunt's POA. He hired a live-in "caregiver" who works 24/7 with no reprieve. She also has 4 kids (12, 10, 3, 2)..the youngest two live in the home full time, the older two stay during school holidays. Cousin lives out of state, so he has the caregiver collecting rent on aunt's properties, serving evictions, renting properties, and is the go-between for him and tenants. There is no time in the day where my aunt's care is primary. Been complaining for years about care, caregiver, and environment, but cousin ignores and allows caregiver to make family access difficult, even calling police.
During a recent visit, I bypassed caregiver and took aunt to emergency room. She was admitted with scabies, crusted scabies (which was being treated as eczema), infection on leg, respiratory issues from breathing dander from roach infestation, and cellulitis. EPS [finally] involved. Took POA when cousin didn't show after 9 days, and moved to evict caregiver. Cousin showed at court with lawyer to keep caregiver in the home, also moved to put restraining order on me. Go to court for eviction and restraining order on 8/13. Aunt still in hospital. Overall healthy for 101. No Alzheimer's but forgetful. Asks why she is in hospital, and when told to look at her legs says, "I was going to lose my leg, huh?" When told she can't go home until property is cleaned and inspected, repeatedly says, "Put that girl out so my house can get right." Property taxes delinquent on 7 of 8 rentals. (I personally paid taxes for home where she lives). Have always wanted best for aunt and saddened that I have to fight to care for her. EPS said I dont need to hire a lawyer for aunt, but now I have to get one for myself. Also, there is no written work agreement. Caregiver paid in cash and no one files taxes. Would appreciate any guidance from anyone who has dealt with this type of madness. I just want my aunt in her clean and safe home for the remainder of her days. Thanks.
See if you can get some pictures of your aunt's house - inside and outside. With a zoom lens you can get some pretty good photos of the interior through windows from across the street. If you catch a time when no one is home, take photos through the windows. You could set your smart phone to video record and place it on a waist clip holder where the camera is not obstructed, then knock on the door and see if the care giver will invite you in. Remember until there is an eviction, your aunt's home is also the care taker home and you cannot enter without permission.
If there's a roach infestation, has CPS been called to make sure the kids are OK?
Get an elder law attorney ASAP for the 8/13 court appearances. Given your aunt's age EPS is probably going to want to place her in a facility. You may need to be prepared to have your aunt sign a new POA (if she's competent) so you can oversee her care or you may need to request guardianship if she's not competent. Because she has funds, court will most likely appoint an guardian ad litum (usually a lawyer who will bill your aunt) on 8/13 who may take steps to clean the house and establish in home care if the court/judge agrees.
If there are other family members who would appear in court and support you being named guardian/POA, that would help.
I've heard that it is damned difficult to evict people who have kids, especially small kids who are the most vulnerable.
Yes, she most likely has dirt on the cousin.