My brother 74 has never left home. My mom is currently in a nursing home and will be there till her end. I'm her youngest and the POA trying take care of her estate. Before this she lived at her home with my brother. He has always had hoarding problems but once she was out he put it into over drive. The kitchen is a hazmat zone, only small walk paths through the whole house and so many bugs and mouse feces. Even moldy bread in the front yard and that is so overgrown too.
He has trashed her house to the point if she was able to she couldn't go home. He shows no effort to clean up the piles of garbage and blames our deceased brother for the bugs, which is a lie. My son threw up just seeing the mess. Is this a form of elder abuse? I want to keep the peace with my brother but he is making it hard. My daughter wants to involve a lawyer and kick my brother out. What legal actions should I be taking? I'm at a lost. I love my brother but I can't let him continue, for his own health alone.
You are POA. You are responsible.
I am assuming in my answer that your mother is currently in care and will remain there.
See an elder law attorney about the possiblity of legally evicting. He will read your POA and let you know your powers under it. You will at the LEAST have the power to evict and you should do so.
Do know that this home may not be salvageable anymore. It will basically be sold to someone who likely does his own construction; it may be worth only the land value at this point. It should be sold as-is.
The POA pays for your attorney fees.
Then sell the home and put funds away in your mother's accounts for her care.
If he has always lived in that house, you may find that kicking a vulnerable, mentally ill senior to the curb is not an easy thing to do.
Check with your state to find out what the local laws are for this situation.
I would start with DHHS. (Department of health and human Services)
Is anyone his PoA? If not, I agree to contact APS to get him on their radar. It may be possible for the county to acquire guardianship for him. If this happens, they would most likely transition him to a facility, but it all depends on whether he is truly a danger to himself or others and needs a guardian to manage all his affairs and decisions.
Reporting him to APS as a vulnerable senior might put into motion getting help.
Self neglect is a reportable condition. As are his living conditions.
I am guessing that the house will be sold in order to pay for her care. The more damage is done the less you will get making this a financial decision.
Has he been diagnosed with any mental illness?
Hoarding is a big problem, if it was not this bad before mom went into Skilled Nursing it is possible that her absence is harder on your brother than even he realizes.
I would start by calling Adult Protective Services. Your brother sounds like he is unable to care for himself and might be considered a "vulnerable adult".
Who is paying costs on the home? Be aware that if mom needs Medicaid funding to stay in thexNH, she will not have funds to maintain the home for him.
Contacting an Elder Law attorney to discuss of to proceed is also an excellent idea.