help with legal and other issues

M5M · October 10

I have a friend whose housemate has very significant memory loss, but no diagnosis. The friend has asked for some input from me since I have a little experience in general. I have tried to search some of the discussions about the legal, financial and interpersonal challenges, but haven't hit on exactly what I'm looking for, and hope someone might be able to find pertinent postings. My friend is not married to the housemate, they were friends when their respective spouses were alive and now share her house. From basic POA to personal assets to legal issues this is a nightmare waiting to happen. Thanks in advance!

RetiredTeacher · October 10

Since they are not married I dont know what. if any, protections she may have under the law. Does the impaired housemate have adult children? Are they aware of their parent's situation. Does the impaired person have a trust? You are so right, many legal challenges lie ahead. Does the impaired housemate have a DPOA for health care? A CELA would be able to answer general questions but I dont know if they would give specific advice to an unmarried housemate. I hope others can chime in and be more helpful.

harshedbuzz · October 10

She needs to lawyer up.

Is she interested in being his caregiver? If not, she may need to take steps to have his family or the state assume responsibility for him as well as explore his rights as her tenant.

HB

M5M · October 10

yes, both of you are heading where I think the discussion needs to. She is not interested in being caregiver, but he likely wants to stay with her. I can see a real hassle to get him to move. I don’t know if there are any legal documents by either of them. We are to meet up and chat this next week.

SDianeL · October 11

I doubt you will get him to leave. He can’t reason and he’s anxious and vulnerable. If he refuses to leave and nobody has DPOA then the only alternative may be court ordered guardianship which is expensive. She definitely needs to speak with an Elder Law Attorney.

Victoriaredux · October 11

That he doesn't have a complete medical record could be to her advantage- she may want to talk to a landlord rights lawyer first - it may be quicker to handle it as a landlord tenant issue and evict him . She should be upfront about his issues and any promises of care made with that lawyer- it would be under attorney client privilege - so that she isn't accused of elder abuse but gets a clean legally solid break..

Professional corporations have to evict their tenants who can't function so I'm sure the lawyer will be aware of case law. And how to get Adult protective involved if necessary. APS would be the entity, at least in my area, to get guardianship in the future in these cases if no family steps up.

M5M · October 13

Good information from you, thanks, I am going to make a list of all this for her, urge her to an attorney, and hope for the best.

help with legal and other issues

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