The drug addict paid room and board for 5 months then decided in March, since he is home with her during the day he will no longer pay anything. He used her credit card for recurring charges to pay his cell phone bill, this has been going on for years. I have asked him on several occasions to have his bill put on his own card and my requests fall on deaf ears. She owns the home, pays all bills, including groceries and for food delivery. He gets paid twice a month and goes on binges for days then sleeps for days and becomes dope sick until he gets paid again. I have another sibling that lives with her who distributes her medication and has to lock it in a safe so the drug addict doesn’t steal it, he works days so we have a plan to have other family members go over to be with my mother during the day. We’ve asked the drug addict to leave and he yells, screams and swears, (which is upsetting to my mother) and says we have to evict him if we want him to leave. If I don’t live there, can I legally have him removed?
Eviction probably takes a month. Get it started while you work this all out!
The sibling who also lives in the house, needs to go. That sibling and the rest of the family who helps out during the day have to stop enabling not only the drug addict's behavior, but your mother's as well. As hard as this is to hear, the family is enabling your mother by propping her up and doing for her so she can continue to enable and indulge your brother to be active in his addiction.
It's time for the family to have an intervention to happen for both of them. The terms must be he goes into recovery at a residential addiction treatment program then to a sober living house for one year afterwards if he wants his permanent home to be with your mother. Your mother needs to be made to understand that unless he leaves or agrees to addiction treatment, all the family members including yourself who help her will stop helping her. They both need some tough love from the family and I hope they get it.
If there is no one then you can not evict him.
If you are not POA you would have to become your mothers Guardian. Then you have the legal right to make decisions for her. Then you can legally evict him. You can decide if she is safe living alone or if she needs 24 hour care.