How to legally remove adult alcoholic son from elderly Mom's house?

Follow
Share

My alcoholic brother is on & off living with (taking her money, etc) our elderly (of poor health, also alcoholic) mother, and I can't get him to leave. They are in MA. I am her POA, but live in FL. Am I able to file a restraining order from FL? Is there any other way to legally get rid of him?? Thanks for your help.

This question has been closed for answers. Ask a New Question.
Find Care & Housing
5

Answers

Show:
Wow..second half of that post got jumbled for some reason. I meant to say that you might accidentally talk with a neighbor who is actually friends with mom and brother and tell them what you've been up to. This could cause some serious hard feelings and your situation could go from bad to worse.
Helpful Answer (0)
Report

I like Pam's idea of reporting him driving drunk, but you'll have to know he's drunk and that he's about to get into a car. Maybe a trip to your mom's will allow you to enlist the help of a neighbor on behalf of your mom. The neighbor could call you if they should see your brother leaving the house driving drunk. I know I'd help to get someone like that off the roads before they killed someone.

On the other hand, you could open a can of worms and find that a neighbor ou tried to recruit who to be friends with your mom and or brother and are on their side and tell them what you've been up to.

I don't envy you your situation. Good Luck!
Helpful Answer (0)
Report

I live in MA and recently went through the restraining order process. The others are correct. As long as your mother is competent (even if she is in poor physical health) only she can file the restraining order. Once she does this, he can be immediately removed from the property(even if he lives there, pays rent or the mortgage, or even owns the property ...which in this case he doesn't).

If your mother is not competent and POA is activated, AND you are the POA, you can file on her behalf.

Angel
Helpful Answer (0)
Report

Is your mom competent? Does she have dementia? You could try calling Adult Protective Services in MA but if your mom is competent and wants your brother living there there's not much they can do.

No, you are unable to file a restraining order regardless of where you live. If your mom allows it, your brother can live with her if he wants to.

With your mom and your brother both being alcoholics you're up against some stuff that is way more powerful than you are. You don't have to like it but you may have to accept it.

Maybe someone will have a suggestion of how to legally get your brother out of your mom's house but if he's there with her consent I think you're going to run into a brick wall.
Helpful Answer (0)
Report

Your mother could file for an order of protection, but I doubt that she will. Even as POA, you have to sign in accordance with her wishes. Unless you are in MA to witness the abuse, anything you report is merely hearsay, and not admissible. The simplest way to remove him is to report a drunk driver when he leaves the house. Fly up for a visit.
Helpful Answer (0)
Report

This question has been closed for answers. Ask a New Question.