My sister doesn't want to allow my mom to come back home, because she is not going to take care of her. She was asked to leave in January, but to avail she hasn't. My older sister has been keeping my mom since November of last year and she is having caregiver burnout.
She needs to be evicted; that's not a sarcastic answer; it's fact. She refuses to go, she presumably has no title interest in the house, and if she's changed her mailing address to your mother's, that could be considered her legal address.
So, since she won't go voluntarily, you have to evict her. That's the procedure in such a case.
You wrote she's living there fore free? Is she paying any bills? If so, you might have to have those switched as soon as the or just before the eviction to avoid loss of power when she moves. It also wouldn't hurt to have the police present on the day she moves so she doesn't destroy things. From your description, she sounds a bit unstable.
You should also ask the police if you can stop paying the bills. I'm not sure about the law in this kind of situation or in your state, so best to inquire before doing so. However, you can't be expected to pay bills when she's living there against the owner (your mother)'s wishes.
You should also be aware that if your mother refuses to sign a will, intestate (death w/o a will) laws in your state will prevail. That could include your sister, who could end up getting a portion of your mother's assets.
And w/o a POA, no one is going to be able to step in when your mother needs more assistance.
Regardless of whether she wants to sign them or not, they're not only legal, necessary but basically good common sense and protection for the future.
Your elder sister is burned out and needs a rest. A respite stay of a few months at an assisted living for your mother might be worth checking into while the eviction works it way through the system.
It also temporarily address CWillie's question of how your mother could return home. This could be a trial placement.
If your sister wants to stay in the house, then she and her husband can purchase it for fair market value.... has to be fair market value in case in the future your Mom need Medicaid to help pay for her care.
Or do you think your sister would be agreeable to pay a reasonable monthly rent... you can tell her that the rent would be used to pay for the property taxes, mortgage [if any], and for Mom's care at Assisted Living.
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