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Question about evicting family member

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As a landlord, I can tell you that if his name is not mentioned anywhere, then he is not legally residing there anyhow. I missed whether the home is owned or leased? It makes a difference.

If it is a lease home, this is tricky because they can evict EVERYONE for violating their lease with harboring an unauthorized occupant.

If it is their own home, he is trespassing if he remains and a writ of posession can be executed. Contact the local HOA for advice.

I'm in Texas, so I would ask a local apartment manager (if it is a rental house) who is well versed in this matter as it is a monthly occurance, or the HOA (if it is owned). This help?
 


rmet4nzkx

Senior Member
KarenWalker said:
As a landlord, I can tell you that if his name is not mentioned anywhere, then he is not legally residing there anyhow. I missed whether the home is owned or leased? It makes a difference.

If it is a lease home, this is tricky because they can evict EVERYONE for violating their lease with harboring an unauthorized occupant.

If it is their own home, he is trespassing if he remains and a writ of posession can be executed. Contact the local HOA for advice.

I'm in Texas, so I would ask a local apartment manager (if it is a rental house) who is well versed in this matter as it is a monthly occurance, or the HOA (if it is owned). This help?
This is in California and nothing you say has any relevance to this quesiton.
This is also a case where the elderly grandpa (72) has been living with his family for 10 years and in recent years has exhibited signs of cognitive decline, he is also is protected under elder abuse laws.
 
Let's sum up everyone's advice:

1. Don't abuse old man, it MAY be illegal. Seek advice from local Senior's Advocacy group.

2. If you can't get him other housing, contact management or HOA.

Bottom line: DO YOUR RESEARCH. Don't hurt grandpa but don't hurt yourself either.
 

JETX

Senior Member
rmet4nzkx said:
15630. (a) Any person who has assumed full or intermittent responsibility for care or custody of an elder or dependent adult,
whether or not he or she receives compensation....
Where is there ANYTHING in this thread that would indicate that the OP has "assumed full or intermittent responsibility for care or custody" of grandpa???
Or is this just another of your many assumptions that skew the correctness of your responses??
 

rmet4nzkx

Senior Member
JETX said:
Where is there ANYTHING in this thread that would indicate that the OP has "assumed full or intermittent responsibility for care or custody" of grandpa???
Or is this just another of your many assumptions that skew the correctness of your responses??
He is 72 yo and lived with them for 10 years, he is by definition "elder" by statues after age 65.
 

BelizeBreeze

Senior Member
rmet4nzkx said:
He is 72 yo and lived with them for 10 years, he is by definition "elder" by statues after age 65.
then sell the damn house and move, but don't tell the mean old goat where you're going.

HE COMES WITH THE HOME!!!!!!!!!!!!!!!!!!!!!
 

JETX

Senior Member
rmet4nzkx said:
He is 72 yo and lived with them for 10 years, he is by definition "elder" by statues after age 65.
Do you really not understand the question I asked??? There is NOTHING in my question about his age.... or how long he has lived there.

Lets try this again.....
"Where is there ANYTHING in this thread that would indicate that the OP has "assumed full or intermittent responsibility for care or custody" of grandpa???"

If YOU are married, who long??? Does that make YOU your spouses caretaker??? Of course not. There is NOTHING in this thread that even indicates that 'grandpa' has altzheimers, or any other infirmity.... other than "About two years ago he began to get really mean and vulgar to me and some of the rest of my family members."
That does NOT make him infirm or incompetent or in any need of 'elder protection'.

Also, did you forget the part in the original post where the OP said: "He pays a rent to my parents every month." They are NOT his caretakers..... but are simply a landlord relative.

Open your eyes and realize, you have made another of your stupid 'leaps of assumption' on this thread. There are absolutely NO facts to support your 'leap'. Hell, you can't even provide any REAL support for your own assumptions.
 

rmet4nzkx

Senior Member
Joke all you want but the appropriate referral in this instance is exactly as I gave, a referral to APS/senior services, a case worker will assess the the situation, give referals including services and housing options. I gave a link specifically for housing referals. One errs on the side of caution.

The change as described is a sign of potential dementia or of elder abuse. This is actually mandated reporting, not for us to invstigate. It matters not that he pays rent, in fact there could be financial abuse and the grandson may not have all the information. Some older people get rather unplesant and disinhibited as dementia progresses others become introverted. This man is not and has not lived independently for 10 years, the law allows for both direct and implied caretakers, and if he was under 65, that he be impaired, all of this can be pretty liberally interpreted. All I am saying is that this situation needs appropriate evaluation as defined under the elder abuse laws of California, before kicking grandpa to the curb.
 
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JETX

Senior Member
rmet4nzkx said:
Joke all you want but the appropriate referral in this instance is exactly as I gave, a referral to APS/senior services, a case worker will assess the the situation, give referals including services and housing options. I gave a link specifically for housing referals. One errs on the side of caution.
In the words of Ronald Reagan.... "There you go again".
Where did I joke about this?? And when you are cornered and asked to provide ANY valid support for your claims, you still can't.... and now have decided to try to spin this to "call a case worker". You can't get off that easy.... answer my flippin' question???

The change as described is a sign of potential dementia or of elder abuse.
Simple. PROVE IT!!!
You are making ANOTHER of your fantastic 'leaps of assumption', huh???
There are many things that COULD be signs of POTENTIAL dementia.... and you simply have NO information that this is one of them. And even more incredible, you have now somehow LEAPED to another stone.... that of 'dementia equals abuse'. It doesn't.
I do believe we have pulled the curtain aside and found that you are similar to the 'Wizard of Oz'. You make these huge leaps of assumption and post what on the surface looks and sounds like possibly valid responses. Yet, when looked at more closely, are found to be full of crap.... and you can't even justify them yourself!!!

t matters not that he pays rent, in fact there could be financial abuse and the grandson may not have all the information.
WOW!!! There is another of your now famous "Leaps of Assumption!!".
You somehow have assumed that an elderly person who pays rent.... "could be financial abuse".
Where the hell did you get that??? Again, there is absolutely NOTHING in this thread to even indicate that there is any ABUSE at all, financial or otherwise!!

All I am saying is that this situation needs appropriate evaluation as defined under the elder abuse laws of California, before kicking grandpa to the curb.
Read your own posts!! That is NOT what you have said.
Your words:
"Actualy it is elder abuse and a violation of W&I codes."
"Grandpa is 72, he is qulaified under W&I 156xx and PC 368."
"When you take in an elderly parent, you become a caregiver and have a duty to them, not to evict them because they are just exhibiting the decline in their condition."
"Actually Brian's parents had assumed the role of caregiver"

All of the above are your own words... made as very clear statements of FACT.

Yet, you now soften your position to "this situation needs appropriate evaluation". If you had said that originally, and not tried to impress us with your blanket 'THESE ARE THE FACTS' answer.... it wouldn't be so bad.
Bottom line.... at least from your 'softer' stance, you appear to be learning that your posts were NOT accurate.... and I (we?) appreciate that. :D
 

BlondiePB

Senior Member
Yikes!! Since I started all this rukus, which is rather a good rukus, it is my opinion that all the facts truly are not known. Brian did state that the old, abusive geezer can take care of himself. What is not known is whether the family has assumed or does things such as gramp's cooking, cleaning, laundry, grocery shopping, etc. -- which would be caretaking.

Some elder men can and do all this for themselves - even men older than Brian's grandfather. They are even capable of doing all and taking care of a sick and incapacitated wife in addition to assuming all the household affairs. It would be prudent for Brian to print this thread and show it to his parents so that his parents can evaluate the situation appropriately and take the appropriate action - including eviction and/or taking grumpy, abusive gramps to a doctor.

Maybe gramps just needs a girlfriend. :D

Like BB, my affairs are in order - though his body may not make it to nude beach before being devoured by sea critters. :eek:

What time does the boat leave the marina, BB? I've read about this atol over by Roatan and Fantasy Island. Is it as good as it looks?
 

BelizeBreeze

Senior Member
BlondiePB said:
What time does the boat leave the marina, BB? I've read about this atol over by Roatan and Fantasy Island. Is it as good as it looks?
The ONLY thing with the word bikini in it that looks good to me is a 22 year-old with blond hair and a come-hither look in her eyes. :D
 

BlondiePB

Senior Member
BelizeBreeze said:
The ONLY thing with the word bikini in it that looks good to me is a 22 year-old with blond hair and a come-hither look in her eyes. :D
Can't say that I'm 22 years old, but I can give ANY 22 yr. old a run for their money in a bikini 'cause I've had to gain weight and keep it on to be as skinny as I am. As for the "come-hither" look in the eyes, that would all depend on what you look like in a speedo! :D
 

rmet4nzkx

Senior Member
JETX said:
In the words of Ronald Reagan.... "There you go again".
Where did I joke about this?? And when you are cornered and asked to provide ANY valid support for your claims, you still can't.... and now have decided to try to spin this to "call a case worker". You can't get off that easy.... answer my flippin' question???
I gave it to you, several times, including the Ca. Codes etc.
In two cases you provided a link which had the specific citation but YOU didn't read it. I even gave the numbers to call the caseworkers! I can't call because I don't have the information to call! But I told OP to have his parents call. "Have your parents contact APS, they will connect then to the senior services in their county who can assess your grandfather and help match him to services."


Simple. PROVE IT!!!
You are making ANOTHER of your fantastic 'leaps of assumption', huh???
There are many things that COULD be signs of POTENTIAL dementia.... and you simply have NO information that this is one of them. And even more incredible, you have now somehow LEAPED to another stone.... that of 'dementia equals abuse'. It doesn't.
Asked and answered.

I do believe we have pulled the curtain aside and found that you are similar to the 'Wizard of Oz'. You make these huge leaps of assumption and post what on the surface looks and sounds like possibly valid responses. Yet, when looked at more closely, are found to be full of crap.... and you can't even justify them yourself!!!
Asked and answered, you need to read your own links next time.


WOW!!! There is another of your now famous "Leaps of Assumption!!".
You somehow have assumed that an elderly person who pays rent.... "could be financial abuse".
Where the hell did you get that??? Again, there is absolutely NOTHING in this thread to even indicate that there is any ABUSE at all, financial or otherwise!!


Read your own posts!! That is NOT what you have said.
Your words:
Actually you left out some, see below for the entire quote and context

"Actualy it is elder abuse and a violation of W&I codes."
"Grandpa is 72, he is qulaified under W&I 156xx and PC 368."
"When you take in an elderly parent, you become a caregiver and have a duty to them, not to evict them because they are just exhibiting the decline in their condition."
"Actually Brian's parents had assumed the role of caregiver"
And I also explained that the law allows for both direct and implied caregivers and that from what OP posted his parents could be considered "implied caregivers, as it is unlikely that he has lived with them for 10 years totally independently, we are not getting the who story and obviously, grandson wants grandpa out and his parents have not put him out.

All of the above are your own words... made as very clear statements of FACT.
The were qualified statements, you omitted portions to make your point.

Yet, you now soften your position to "this situation needs appropriate evaluation". If you had said that originally, and not tried to impress us with your blanket 'THESE ARE THE FACTS' answer....
Sorry, Here is my Original reference to evaluation, please not the word assess means the same thing as evaluation:
"Have your parents contact APS, they will connect then to the senior services in their county who can assess your grandfather and help match him to services.
How to Contact APS..."


it wouldn't be so bad.
Do I have to tattoo it backwards on your forehead so you can read it in the mirror?

Bottom line.... at least from your 'softer' stance, you appear to be learning that your posts were NOT accurate.... and I (we?) appreciate that. :D
LOL, Typical lawyereese, talk about spin! Please read my posts and any links you provide in the future before blithering on like this!

You have blown this way out of porportion, this went from a basic reminder that elders have protection in the State of California, any stat for that matter and how to appropriately gain assistance with the problem to a rather juvenile display of bruised egos. Please children, act like adults!
:rolleyes:
BlondiePB said:
Because the OP did not state how old grandpa is, doesn't the family have to take precautions for getting the ol' geezer elsewhere without committing elder abuse? :confused:
seniorjudge said:
Probably.

"...About two years ago he began to get really mean and vulgar to me and some of the rest of my family members. On more then one occasion he has even threatened to "knock me on my ass" and other things...."

If grandpa never acted like that before, then something has happened to the old guy.

OP, did y'all take him to the doctor? Or has he always been mean?
Here is a link to the DSM-VI-TR all you wnated to know about dementia but were afraind to ask, remember it could be signs of other medical conditions also.
http://behavenet.com/capsules/disorders/dsmivtrcodes.htm

http://www.helpguide.org/mental/elder_abuse_physical_emotional_sexual_neglect.htm
What are the signs and symptoms of elder abuse?
The following are warning signs of some kind of elder abuse:
* frequent arguments or tension between the caregiver and the elderly person
* changes in personality or behavior in the elder

If you suspect elderly abuse, but aren't sure, look for clusters of the following physical and behavioral signs......

JETX said:
Kicking an old, abusing geezer out of a home is NOT elder abuse.

For more, go to: http://da.co.la.ca.us/seniors/abuse.htm
and from your link showing anger as evidence of emotional abuse
When to suspect a senior may be a victim of physical abuse:
* Obvious lacerations, abrasions, fractures, welts, bruises, discoloration, or swelling
* Pain or tenderness on mere touch
* Burns caused by cigarettes, ropes or other bonds
* Detached retina, bleeding, or scalp wound
* Elder becomes withdrawn or protective of the suspect

EMOTIONAL ABUSE can result from verbal assaults, threats, intimidation, humiliation, or isolation and can cause mental and emotional trauma. Verbally threatening and abusive treatment, and other acts of rage are not acceptable behavior, even if carried out by a son or daughter or family friend. You can report such psychological abuse to Adult Protective Services or to the police. Understand that such intimidating and hurtful conduct is not your fault.

When to suspect a senior may be a victim of emotional abuse:

* Appears depressed and not himself/herself
* Unusual mood changes and anger
* Fear of being touched or approached by others
* Seems withdrawn and unusually introverted or afraid

NEGLECT is the failure by a caregiver to provide the senior with basic needs. This includes food, shelter, medical assistance, personal hygiene products, heat or air conditioning. Such neglect should be reported. Adult children, especially unemployed or those with a criminal history, may neglect their elder parents. Be leery of giving an adult child with a history of emotional or criminal problems too much control over your money or your life.

When to suspect a senior may be a victim of neglect:

* The elder feels isolated by a caretaker and is unable to speak freely or spend time with others.
* A caretaker fails to assist with personal hygiene or in providing clothing for the elder.
* A caregiver has a history of violence, or alcohol or drug abuse.
* The senior shows signs of dehydration or malnutrition.
* The elder has sudden weight loss.
* The elder does not have necessities, including eyeglasses, dentures, prostheses, hearing aids, canes, walkers, or other critical items.
Not getting medical care could fall into this category
Another form of neglect is self-neglect. Self-neglect is the inability of an elder who does not have a caretaker to provide for himself/herself. Self-neglect is NOT a crime. However, seniors can receive services and assistance from Adult Protective Services.

Important: Often victims of elder abuse can be abused in more ways than one. For example, an abuser may hit the elder (physical abuse) in order to convince him or her to turn over money to the abuser (financial abuse).

My original response, re Jet's re to Blondie, SJ also noted the possibility of change in behavior being related to medical reasons. I clearly qualify reason to evaluate for dementia and give referal to APS... prior to eviciton, neglecting this would be abuse. Please don't take thngs out of context. I don't have a crystal ball and don't need one. I also later quoted the sections of California statute that applied.
rmet4nzkx said:
Actualy it is elder abuse and a violation of W&I codes. It sounds like grandpa has early Altzheimer's and needs to go to see the doctor, grandpa's children have become his implied caregivers, here are some links
http://www.calregistry.com/
Have your parents contact APS, they will connect then to the senior services in their county who can assess your grandfather and help match him to services.
How to Contact APS

Call the Central Intake Unit during business hours at:

(888) 202-4CIU (recommended)

FAX Number for referrals:

(213) 738-6485 (preferred for mandated reporters)

Or call the Hotline after hours and during holidays at:

(877) 4-R-SENIORS
 

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