Mom has been in hospital for ages. She’s stable and has capacity, but can’t go home. She wants to go home, but she needs home care, and assistance now.
My sister who is not a tenant but has lived with her for many years has hoarded the house completely. She is also verbally and possibly physically abusive. Mom is completely brainwashed by her, figures she has to take care of her forever. I’m trying everything and the police and environmental health agencies are coming Tuesday with us to the place.
Is my Sister a tenant? If she is removed to a mental hospital can I change the locks?
I don’t want to store or keep her belongings anymore, mom has paid thousands of dollars for storage and still is.
I don’t have POA my uncle has and is helping.
I can’t afford a lawyer. I’m at a loss, any advice?
I’m in Canada so rules vary.

I understand your mother could live at home, with assistance. As you have explained, right now, that is not possible. I don't know how payment for these services is in Canada, but for the moment, could she go to an extended care (aka Nursing home) facility? Is part of the problem that her hospitalization is being paid but nursing home care would not be? Again, I'm thinking of this only as a temporary measure.
Re the POA, when you get past this issue, your mother and uncle might consider changing it from contingent to immediate. I have my healthcare and durable financial POAs set up that way, as has everyone in my family. That means that your mother or your uncle (or any other POA) can both make decisions for your mother. Your mother can be fine mentally and still allow her POA to take care of things, sign for things, pay her bills, etc. If she wants to do these things herself, she still can.
Helpful Answer (1)
Reply to Igloocar

Pirate2020: Call Adult Protective Services.
Helpful Answer (2)
Reply to Llamalover47

Call APS - Adult Protective Services
There are 'low income' legal services for those who qualify.
If you do not know how to research, call your local Senior Services County Office
(City Hall ... County of xxx - senior services dept).

You will need to get MD authorization that your mother is not able to take care of herself. Somehow, your sister will need to be investigated. One way to start to proceed is to have an attorney tell her that she needs to account for every expenditure ... keep records / documentation / tracking of expenses. She likely isn't / hasn't been doing that. If not ... if income is 'co-mingled' she may be legally held accountable.

Gena / Touch Matters
Helpful Answer (2)
Reply to TouchMatters

I sure Canada has some some of legal aid attorneys who work on fees based on your income. Look into that first. Lots of your question are involving laws in your specific are?

Second, contact a social worker. I’m sure Canada has them. She can help get your sister evaluated by a Dr to see if she can live on her own or maybe a group home of some type. Your sister will need counseling on her hoarding issues.

Your mom can be in assisted living or a nursing home depending on her diagnosis. You and your uncle can sell the house and contents and use that $ to pay for some of the care for mom and sister. I’m not familiar with Canadas laws, but I always hear how good the healthcare system is…certainly there are resources for your family. Find elder care attorney from Legal Aid and find a social worker.
Helpful Answer (2)
Reply to Donttestme
TouchMatters Jul 4, 2024
sister needing hoarding 'counseling' is a given - perhaps although there isn't any legal way to enforce.

First the uncle and this daughter need to acquire / secure legal resources and then see what is viable.

Gena / Touch Matters
There must be agencies/charities in your country to advise/assist you?
this does sound like a legal matter
whatever way it’s approached
speak to your mothers doctor and see if there are any options for care and that conversation may generate other sources of help for you
good luck
Helpful Answer (1)
Reply to Jenny10

home care came out and took photos
my uncle did too
this is why mom is stuck in the hospital
she has nowhere to go
Helpful Answer (1)
Reply to Pirate2020

Yes, sister is a tenent even if she has not paid rent. Its her residence, she gets mail there. Uncle, as Moms POA, maybe able to evict her. He should stop paying the storage fees. Ur sister will have to pay the fee or the unit will go up for auction.
Helpful Answer (6)
Reply to JoAnn29
Pirate2020 Jun 29, 2024
I’ve been told by my government she’s not a tenant, just a boarder or roommate situation
I just ask a lot of people because her friend told me off and I want to be sure
regardless I found this;

A landlord can give the tenant at least a 24-hour notice to end the tenancy if the tenant:
assaults or threatens to assault a landlord
assaults or threatens to assault another tenant
does significant damage to the residential premises

she’s definitely damaged the property

we can’t enact the POA because mom has capacity
she has the right to pay for storage I guess
she also wants to go home and if moved wanted to pay or subsidize my sisters apartment
thanks though I appreciate it
So sorry you’re going through this, on top of the already challenging situation with your mom.

We have a few posters from Canada; I hope they might have some insights. Here in the US it is basically impossible to have someone put into a mental hospital. Is your sister ever incoherent or psychotic? Not sure if you have something similar to our Baker Act where people can be taken in for temporary treatment if they are a danger to themselves or others. Definitely call the police if she is actively acting crazy. Has she ever been hospitalized or arrested, etc.?
Helpful Answer (1)
Reply to SnoopyLove
Pirate2020 Jun 29, 2024
thanks so much
the hospital has called environmental health and the police
she was kicked out about six years ago and had to be removed forcefully
I guess they have it on record
plus she’s on record with mental health because they paid for her home and needs
im keeping my fingers crossed she will have to go
See 1 more reply
Question, is there running water and toliting? Often in hording cases there isn't.

If not that might make more action to be taken.
Helpful Answer (3)
Reply to Anxietynacy
Anxietynacy Jun 29, 2024
Also any neglected animals on the property.most of these cases are more worried about animals than the elderly
See 2 more replies
Ask a Question
Subscribe to
Our Newsletter