I contacted the social worker of the home health care company and contacted A.P.S stating I am unable to care for 79 year old man 24 hours a day 7 days a week by myself. I mentioned the health issues he has . A police officer, an A.P.S agent and the home health care social worker came to the house last night to do a "welfare check". After about 30 to 45 minutes later, I was told I needed to be moved out in less than 24 hours so that the man's daughter
( who lives out of state ) can get started on what needs to be done so he can be moved to where the daughter lives. I have been living in the house for 5 years. During the five years my ONLY job twas taking care of him in exchange for room and board. I had no income i have no money no transportation of my own I have less than 24 hours to be moved out. I dont have friends that can help me. I dont know what to do other than go to a homeless shelter. Homeless shelters dont allow small pets. I have a 5lb dog. I dont know what to do or who to ask for help....Is there any help or resources available for someone in my situation?

This question has been closed for answers. Ask a New Question.
CWillie, I wondered that too, but I based my conclusion on her first statement:

"I contacted the social worker of the home health care company" I took that to mean that she was employed through an agency, or "home health care company."

I agree though that she does have basic tenancy rights. This is one of the reasons I asked who told her to leave. The police would be aware that more than 24 hour notice is required, and I assume APS would be as well.
Helpful Answer (1)

GA, I expect this is an independent contractor and there is no agency involved. Even if the family disputes the caregiving role this poster would have basic tenancy rights.
Helpful Answer (0)

The amount of notice you must be given will depend on where you live, but there is no way they can evict you with only 24 hours notice... who told you that? Stand firm and seek legal advice.
Helpful Answer (0)

I can understand how unsettling and frustrating this must be for you, but something doesn't make sense.

1. The home health agency through which you work may (and I suspect is) in violation of labor laws for requiring you to provide 24/7 care, even if you do live in. Was it them of the police/APS and/or home care (agency?) social worker to advised you to leave w/i 24 hours? Were they cited for labor law violations?

2. Check your contract to see if it allows you to be terminated w/o prior notice. I.e., at you an "at-will employee"?

3. Will the man's daughter be on scene in 24 hours? If not, who's going to care for, or will he be removed and forcibly placed in a state institution? I would think common sense would dictate that you stay at least until the daughter arrives.

4. I think you have a right of appeal given that you've lived there 5 years, and in that even though you're a paid worker, that was your home. Therefore, you should be entitled to at least an eviction notice, often 30 days to my knowledge.

5. I would contact the local attorney bar association, or research online, and find a list of pro bono (free) attorneys who can offer help. You might also research to see if there are any landlord-tenant attorneys in that pro bono list. Even though the elderly man is not a landlord, I think you do have some type of tenancy status by virtue of having been your home for 5 years.

6. Contact the county's office and ask if there's a social worker who can help you, in that b/c of the 24 hour verbal eviction notice, you will soon be homeless and destitute.

7. You'd also be wise to contact homeless shelters (Salvation Army and Grace Centers of Hope are two) to see about some temporary shelter.

Somehow, though, I can't help thinking the home care agency is involved - I still think mandatory 24/7 care is in violation of labor laws, and they're retaliating against you b/c they think you "blew the whistle" on them.

Is there anything you're not telling us about the situation, such as what prompted you to call for help after apparently working 24/7 for 5 years?
Helpful Answer (0)

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

Ask a Question

Subscribe to
Our Newsletter