How do I evict my mother?

[preferpatents]

The title is terrible and I apologize, but it is true.

On June 30, 2009, I closed on a small house that I bought so that my mother would have a place to live. She is on SSI (mental impairment - well handled when she takes her meds), but was helping me take care of my four children, so letting her live in the house for the orally agreed upon amount of $600 per month (as approved by the SSA) seemed to be an equitable trade. In August, she paid $600. In September, she paid $450 and told me to get bent over the rest. Recently, she told me it would be a cold day in hell before she gave me another penny.

As of two weeks ago, she told me that she would rather live under a bridge than to continue to live in that slum. All emotion aside, my husband and I told her we would be happy to help her move to a new location; however, she needed to do so by the end of October. Since this discussion took place on September 17, 2009, and since we did not have a legally binding lease (as it had no term - it would have been forever), we were giving her more than 30 days notice.

On Friday of last week, she tried to "commit suicide" by ingesting a large quantity of pills and then calling 911. She was transported to the hospital and had her stomach pumped and was placed under observation. Prior to that, she had obviously quit taking her meds and was becoming increasingly verbally abusive and threatening - she likes to threaten to call CPS on me, and she said that if we evicted her, she would have every TV station in town covering it and everyone would know what jerks we are. She is totally delusional at this point. I posted the three-day eviction notice in a conspicuous location and actually gave her four days to vacate. However, she won't be home until after those four days have passed since she's in JPS getting evaluated for a possible commitment.

I spoke with her nurse on Monday who confirmed they are doing the involuntary commitment hearing - which may happen as soon as 72 hours. She hates me right now because she says that I "told a bunch of lies and am having her sent to the looney bin" which is not, in fact, true. But crazy is crazy and delusions are delusions.

Question 1 - IF she gets committed for 30 - 90 days, can my brother, sister, and I pack her things and store them for her so I can try to save myself from financial ruin? I do not wish ill on my mother, really. She's just really really really sick.

Question 2 - If the upper is a not an option, can I continue with my current 3 day notice and file the suit even though she's in the hospital?

Question 3 - Would this maybe fall under abandonment?

Question 4 - How can I safely remove my mentally ill mother from my home when she is not there, but is in the mental hospital?

Question 5 - In the final alternative, if she is released and not committed, and she returns to my house, do I have to re-post the three day notice (risking life and limb to do so)?

I'm too drained to be emotionally involved. This is all about business now. I need to get that house sold. She probably needs to notify SSI that she is no longer paying rent and that her benefits should be reduced. I'm just worn out.

Any advice would be greatly appreciated. I know I should just find a lawyer, but I hit my house parking the car the other and I have to get that fixed first. It never ends.

 

[jharris352]

Your mother needs a guardian and to be committed until she is better. I would petition the court to make YOU or some sane person her guardian. She needs to be declared incompetent. From what you have said a judge will do it in a heartbeat. Once that happens put her in a hospital until a doctor says she can leave. Pack her things because you will have control over her things and store them.

She needs a hospital and a guardian not to be tossed out of the house. I know you care about her and you don't mean to just toss her out. You don't know what to do. If you can't petition the court to declare her incompetent yourselves get an attorney. She needs this as much as you do. I don't envy your position. Good luck.

 

[preferpatents]

Thank you for your reply. She is actually so angry with me that I don't think I can be her guardian. Further, I think her obsession with my children is not safe. However, my brother is in communication with her case worker. I will suggest to him that he should discuss this with the case worker.

Apparently, on her second day at JPS waiting her involuntary committal hearing, she's now decided to comply and is taking her meds and eating. She's very stable when she takes her meds, but you are correct, my husband and I talked about her needing a guardian last night. She really cannot take care of herself, especially financially. We always wind up bailing her out of some huge bill or something.

I am whipped. I pity the fool who does envy my position!