I moved in with my father who has dementia (caused by multiple strokes) to help caregive for him 2 years ago. He's not 65 yet so he can't get Medicare. He also can't get Medicaid because he owns 2 properties. I work, and between my father's SS money and MY MONEY we are able to pay for professional help. My sibling lives in my fathers other property (he doesn't help out at all) and he won't leave the house. So basically i'm being FORCED to pay for my father's care.
What legal action can I take to make him leave? He's not contributing anything to the caregiving of my father, so not only do I have to pay for his medical needs, I have to take off work because sometimes the home aids can't make it, so my income is affected. It's like I'm handcuffed.
Is there ANYTHING that I can do? Help!
You didn't mention a Power of Attorney document, which could provide authority to manage and sell real estate. If there is no POA, you can petition your state's probate or surrogate court for authority to manage and sell assets.
Your sibling would get notice of any court proceedings, and may oppose what you are trying to do.
If you contact an elder law attorney in your state who has experience with real estate and probate procedures, you can get ideas on how to begin solving the problems. The no-rent tenant living in your father's real estate, eligibility for at-home care payments from Medicaid, and reimbursement for your care giving work should be on your list of questions.
I think I may have to contact social services to see what they can do for me.
Does dad get disability? He may be able to get Medicare if he gets SSDI. medicareinteractive.org/get-answers/medicare-basics/medicare-eligibility-overview/medicare-eligibility-for-those-under-65
It really sounds like you'd benefit from talking to an eldercare attorney. Does your brother pay rent? If not, why not? Have you started eviction proceedings?
If dad has been disabled and getting Social Security for 24 months he should be on Medicare by now. Why isn't he? If he's on Medicare look into getting on a Medicare Advantage program (Medicare Part C) or buy a Medicare Supplement insurance.
If you do, you can start the eviction process to get your brother out of dads other house. Unless, the two of them have a written agreement.
If this is stopping your dad from getting the care he needs, you may be able to file a complaint for elder exploitation. States frown upon anyone taking advantage of a vulnerable senior.
I know this just sucks no matter how you look at it, you are going to have to be strong to get through this. Keep track of your out of pocket for dad's benefit, you may be able to get it all back when the house sells. Do a loan contract with dad if he is able and you will have 1st rights to get reimbursed.