my sister called me this morning, her elderly mom who had a stroke as been coerced into letting a woman move into her home to take care of her son (52) years old who is dying. Ok no problem with the whole taking care of stuff, BUT my sister has to pay all the bills for this house, her mother lives with her and this woman is not as altruistic as she is making out to be. The brother is in his final stages and will not probably make it 3 months. He needs someone to take care of him, so I told her to draft up an agreement that specifies that as long as this woman is staying at the house she is agreeing to provide care for her brother, a kinda services for housing agreement and upon his death she will have 15 days to vacate. Question though, once the brother dies how can she make sure this woman does not stay in the house, is there a way to make this legal and binding? This is in California.

Any sugestions assistance etc.. my sister was in tears this morning because the woman asked her about moving in last month and she said no she couldn't stay there, but then the woman caught her mother alone at her caregivers home and tied it in to the care of her dying son so of course her mother- whose house it is- agreed.

This woman got into a fight with her landlord and was evicted.
She has a 22 year old daughter who will be moving in also.

This woman took advantage of an old woman, who cannot take care of herself nor her dying son.

Run the other way. You do not even want to be in a legally binding situation with someone like that - verbal agreement or no agreement. If she is screwing around with you and your family now, once she moves in you will have hell to pay in trying to evict her. There are too many in-home health services available ~for little or no money~ that are totally legit (State and Federally funded)...try that route first.

the problem is she has already moved in!! since she got "permission" from the old woman she disregarded what my sister said.
I think by defining the realtionship on paper as conditional on the demise of her brother that is the only way for her to keep control of the situation.

am I wrong?

butterfli25 said:

call a lawyer. this situation sounds all kinds of wrong.

If you alow the woman to set up residents at the home, then no agreement would make her have to move out without a long eviction process. Thus, the agreement would have to be write including the terms to assure it is in understanding that the exchange isn't an establishment of residentcy. Although someone is a real bitch only giving 15 days after the death of a loved one to vacate.

My advice to you or who ever, is that you seak legal assistance in setting up the paperwork, because personally written agreements are only legal in small clames court, and their legally binding qualities are sketchy.

lawyer up...you gonna need it. That is what they are here for.

butterfli25 said:

right there you answered your own question imo. someone else may be better for the job.

MickG said:

it's not her loved one though... she is just using the offer to take care of this woman's son as a way into her house since she has been evicted.

if the user woman hasn't moved in to the house yet i would tell your sister to stand firm with her mother and say that it is not going to happen. (and all the other options she has for care of the dying son)

if she is already in the house then surely the person who's name is on title has the legal right to say who is allowed to reside there? if it is a tenancy then she would have to pay - and if she does not then she would be allowed to kick her out wouldn't she??

emm said:[quote]

MickG said:

The answer you are looking for is NO.

She would be able to "evict" her through legal means. When a person is lived in a place for a short period of time they have set up residents there. Even if they live in an abandoned place, if they squat at a place for a period of time they have to be removed through the proper legal channels and that can take more time then fifteen days.

If you are asking my advice, I would say "just say no".

I gotta baseball bat if you need it !

Sounds shitty get em out sooner rather than later

WOW thanks guys! I have been away, ok the status is bascially the woman ALREADY moved in, this woman (the user) moved in RIGHT AFTER the old woman said yes. so bottom line is we need a lawyer for my sister.

the whole housing for care was my idea of a possible loop hole in the situation, but it figures that since she is in she is basically in

and yeah we may need that bat.

it just seems so unfair, this woman took advantage and she is getting away with it.