My older brother has chosen to squat at my mother and her partner's home. He happens to be diagnosed bipolar and paranoid skitz. Advice?

File eviction, then restraining order. If her returns he goes to jail.

You will have to file an eviction on him. But your mother and partner will have to be the ones to do this. If I were you I'd call your local legal aid agency and find out what should be done so you do this properly and don't get your mother in a bind. I would also suggest having your mother's partner file a report on the threats as well as a protection order. Which should also help when filing for an eviction!! Even if they rent their home they will still have to file the eviction. Especially if he received any mail at that address & has any personal belongings like a toothbrush.
I Also agree that your brother needs help. On that note, I have to admit that I personally know that he won't let you or anyone else help him get clean! He has to want it for himself first! The important thing is to make sure your mother and her partner is safe! It doesn't sound like they are!
If he is willing to go to rehab and get a psychiatric evaluation done then you are in luck!! With him having schizophrenia he's gonna be able to get much needed help. Like housing, medical insurance, rehab, social services, & pretty easily too! He just has to reach out and do the paperwork to get this help!
Hope this helps! Good luck!!!!!

Call Adult Protective Services for your brother. Get him into rehab. At the end of his rehab have him relocated to a halfway house. In the meantime reclaim your parents house and if necessary get a restraint order. Schizophrenia is an illness and your brother needs help.

Have you tried calling police.. one way my city has a mental evaluator she’s been a god send to me . I tried 15 years to get my mom out of a bad situation, she was living with two drug addicts and they were financially exploiting her. And gave her meth which she got hooked on . Yes at 84 my mom. Became a drug addict.. they could control her that way so be careful.. anyway like I said I tried calling APS so many times and they did nothing. My mom was in fear for her life but when APS would show up she would stick up for the drug addicts afraid they would retaliate.. her house got so bad with filth they wouldn’t lift a finger to clean. Finally the police hired the mental evaluator and they condemned the house and got mom out . She stayed in the hospital for three months because she couldn’t take care of herself., until they found her a AFH and we could get her house cleaned and sold. It was a years worth of work and money out of my pocket because my mom didn’t have anything left by the time these two guys were done she was getting credit cards to live off of. It takes the state forever if they are going to do anything at all. In my case they said mom could live with and do drugs if she wanted too. I find this sickening.. if you look APS is The only resource you can get for help in these situations and there isn’t other resources out there for the protection of our parents. In your case your parents are probably afraid of your brother so they probably didn’t tell the state they were in danger or he would be gone.. they probably talked to your mother and partner in front of your brother and said everything bad about you that’s what happened to me. Your brother is brainwashing your parents against you so be careful. He will eventually isolate your parents away from everyone around them so he can continue to control them to get what he wants. Keep trying I did and Eventually something will get done. My mom now says terrible things about me and even had me investigated by APS because they told her over and over I was the bad guy and only wanted her house and money which isn’t the case .. her attorney even tried taking me to court to get mom back into her house after I had paid out of my pocket to get her house fixed and her 8 thousand dollars in rent each month at the AFH.. her attorney lost the case and I was finally able to sell my moms home it will close this month and finally people are starting to see I wasn’t the bad guy and that mom is lying about me. Sometimes these things go on forever but there is a light at the end of the tunnel., you have to just keep trying. I lost my life for a whole year ,, I had to dedicate my life put it on hold until mom was finally safe it’s very hard work.. check your local police department become friends with them. Or one officer I kept writing emails for help over and over until finally someone did something. I was a pest you have to be in order to get people to listen. Also you can hire an attorney.. or do this yourself. I hired one but we went and got protective orders on these guys. I believe you can do this yourself but it’s better to have an attorney in. Case your parents and your brother turn on you like my mom did and it can happen. Your brother is brainwashing your parent as we speak. Call the court and see if you can file a protective order on your brother. Every state is different. They can help you through if you can file without an attorney. When you get the VAPO ( vulnerable adult protective order then you can get your brother out of the house. Just be carful of him after you get it he won’t be very happy with you. But I’m sure you can get a VAPO against him on your own. I read anyone can if they fear your moms or parent are in danger.. I believe it only takes a few dollars to file . APS can also get one against him but they have to feel you mom is in grave danger in Order for them to listen. If I were you that’s the first place I would start get a protective order. G luck

Hard to do, especially for your mother to see, so you may want to take her out for lunch, but I would recommend that you call Adult Protective Services AGAIN, AGAIN and AGAIN. Write them letters - hand deliver and get them to date stamp your copy and/or fax the letters - requesting help - to have a record of your communication. Try and write to your mayor/senator to get their suggestions - again keeping copies for your records - so that they know that you are. Be very direct with your concerns for your mother's safety and specific on the help that you need.

You might even have to consult with an attorney to see if you can have them get the authorities to remove him from the house and put into a facility, himself.

Maybe could look into BakerAct if he is dangerous. My Mom had my brother BakerActed years ago since he has borderline schizophrenic personality disorder. They kept him 2 weeks in facility. Unfortunately after that they released him once manageable again and he was on Medicaid so state won’t keep them long term. He wasn’t violent with my mom though, just erratic behavior and thinking aliens after him.
If can get him out temporarily then formally start eviction process. Once someone has permission to live somewhere they cannot be forced to leave without eviction. I lived and worked on a horse farm once in Florida and they had a small trailer on back of property with a landscape employee that moved in for 1 month. He came in my house 1 night through back door and I found him passed out in my closet drunk, sleeping on my dirty clothes pile holding my dirty underwear! Thankfully got him to get up willingly and out of my house, but when called cops they said nothing they could do. If property owner gave him permission to live on property he was allowed to enter Any residence on entire property at will! He wasn’t even a legal citizen! They said only recourse was formal eviction. Thankfully property owner fired him and he left willingly, but unbelievable no recourse for invading someone else’s personal space and dangerous! Formal eviction or BakerAct is probably only way to get your brother out but your Mom has to be strong and follow through, and do remove anything of value so he can’t steal it and sell for drugs. Best of luck in a very hard situation.

Evict him and follow through, if he doesn't leave have the police come and escort him out along with his belongings. I would also suggest getting a restraining order that specifies the distant he needs to stay from the house and their persons.

If he has 30 days to leave after eviction, he might become even worse or maybe violent. It sounds like your parents may be in danger. Maybe they can stay with you until he leaves, Then he might destroy their home, don't forget to change the locks so he doesn't come back. Very bad situation.

Get an attorney to evict him. YOU can start process by helping them serve an eviction notice. In California, the resident has 30 days to move after being served. Check other states.

The sheriff/police CAN move him out with a Court order.

Call Adult Protective Services. Certainly they can do something as well, particularly if he is dangerous or threatens to be.

Unfortunately he probably won't leave, and they probably don't have the stamina it takes to kick him out. If he goes too far off the rails maybe they can get him baker acted and you can change the locks. But they will probably open the door. My brother and nephew lived with my mom, and everyday I would have to go over and clean up after them so my mom didn't trip on something and hurt herself, and this was a house I bought for my mom to live in. But unless I wanted to hang out there full time and act as security guard there wasn't much I could do. I did take over her bank accounts so she couldn't finance them. Because she didn't know ten bucks from 1000 bucks by then. It sounds like some event is going to have to happen for him to get out. My mother passed away after falling and breaking her pelvis for the second time in two years. They didn't even call for an ambulance. I had to do that the next day when I went over to do my daily routine of getting her up and at 'em for the day. I did get them out after she died by making them sign a lease that said they would vacate within two months. Figured I would need that to evict them.

They will have to legally evict him, change the locks, and not change their minds later on when he is sobbing on the front porch. Do you think they can take it that far?

Once you allow someone to hang their hat in your house, it becomes their residence and you cannot just lock them out or have police tell them to leave. It becomes a legal eviction process.

Threats can be considered a violation of law depending on what was said, what he did, etc, Calling the cops for that might land him in jail a day or so, but then he could return unless a restraining order is approved and renewed as needed in a court of law. If parents don't show up for a hearing, the order will likely be dropped and the problem starts over. They can also call the cops if they find drugs in the house. Again, he will get arrested and spend X days in jail and get out. ---unless he continues to bring drugs home and they continue to get him arrested. Then there's the chance he could get more time in state or county jail.

As for you, you can assist your parents in doing these things, but it's their house and they have to get the ball rolling.

My nephew has been alternately nice and toxic angry with his parents. He has his own place a block away, but barges in unannounced (and often angry) day and night. The problem is my sister-in-law has strong feelings about covering for a family member and not calling outside the family for help. (What? a court order against our SON? NEVER!) This can be a strong deterrent to getting them the peace they desire.

Statler - many questions and concerns. Your profile indicates mom has dementia as well as other medical issues. Does anyone have POAs for her? If not, it would be wise to consult with an EC atty to see if this can be done (sometimes it can be, when still in early stages - attorney will determine this.)

As for brother, no indication of age, job status, if he was "invited" to stay, how mom might feel about kicking him out, etc. Mom, although upset by his behavior, might be reluctant to throw her son out onto the street. This could be an issue in trying to evict or get him escorted out. As others have said, eviction might be the only way to get him out, BUT mom and her partner would have to initiate this AND stick to their guns. If he is that unpredictable, it could end badly too.

Could you discreetly install any cameras, so that you have evidence of his drug use, behavior and threats? APS would probably perk up if you had such proof - then it would be considered elder abuse and they could get the law involved.

Could you get the locks changed while he is out of the house? This won't prevent a determined someone from getting back in (con mom, break in, etc.)

If this is a rental, could you initiate a move before their term is over and get them out? The landlord would then have the fun of eviction... If it is their home, this is going to be a huge issue if mom and partner are not up to standing up to him, won't kick him out, etc. You may have to file for guardianship, then you would have the legal system behind you to move them, sell the place, get him out, etc.

I would certainly seek out EC attorneys (www.naela.org - use zip code to get local list). Many offer a free consult. Have all your questions and concerns written up before and discuss this with each of the attorneys, ask for what can be done and how much, etc. Take notes!

Additional concerns beyond the detestable living arrangement is whether he is bilking money and/or selling their property to bolster his drink/drug money. You really need some good legal help!

Temporary solution - could you ensure there's nothing valuable there and have mom and her partner either come to stay with you for a short while or, even better have them stay for a few weeks or month at an assisted living place near you (if you have enough to pay for it, do that and tell them it's a mini-vacation!) They might actually like the place - being away from the abuse and turmoil, and being with others, activities, less day-to-day chores, etc, they might want to stay! That would be great!

Call APS, serve eviction notice. There may be sufficient evidence for moving them temporarily for their safety.

Who called the police? Who called APS?

The only way to have him hit the road that will be acceptable to your mother and therefore supported by her is to offer him a realistic and better alternative. What are his options?

You don't say, for example:

how old he is
when the diagnoses came about
what brought him back to his mother's home
when that happened

... which leads me to read into this that you have zero interest in your brother's welfare but simply want him gone. That would be understandable, even fair enough, except that you have to understand that your mother is not going to follow through on any action that does not include the aim of supporting him. She doesn't feel the same as you do about him. And without *her* input, getting him out will be next to impossible unless somebody gets seriously hurt.

If worse comes to worse, the mom may have to sell the house and move into a retirement/indepentent living community with her partner where only the two of them can reside (sans squatter). Dealing with an addict with mental issues is not something they should have to deal with.

They can legally evict him.
A trip to the courthouse, fill out some papers and they will get a court date.
They might want to send him a certified letter asking him to leave and give a date so when they go to court they can tell the judge that he has been asked to leave and has refused.
If they are afraid that he will harm them they can also ask for an order of protection, again simple paperwork done at the courthouse.

Do your parents know what they need to do to evict him?

You could help them with the process and get some big tough man to stay with them for the time it takes to do the legal process.

I would also check into doing a month to month rent agreement that has a 3 days eviction notice for certain activities. This would shorten the process to 3 days and the state time allowed (5 days is common) so 8 days to have him evicted.

Everything needs to be in writing with proof of services. Hire a legal server, it is worth the money.

Are your parents on board with kicking him out or does he have them scared to death? Sometimes we have to use the same tactics and create a good reason for the person to leave.

I like the idea of renting him a studio apartment and paying the 1st months rent, put a legal change of address and change the locks at mom's house. I would install security cameras and then call the police every time he shows up. But mom has to be the one to say, "I am being threatened and I don't want him here." Without that you are just waiting for the final outcome.

Can you tell us if mom is willing to do whatever it takes to get him out?

Get some professional advice, from a social worker and attorney. It sounds like your brother needs to be in supportive housing. Try to get him set up with supportive social services, if your town offers this. Your parents shouldn't have to live with someone who is threatening them. This is dangerous for them.

Someone comes to take mom and dad out for a weekend trip.
Two or three friends or relatives, big burly guys (maybe even a private security person) arrive at the house and insist that brother pack his bag right now. If he goes quietly, they will give him cash, a ticket out of town, and a ride to the airport or bus station.
The moment he is gone, a locksmith comes to change the locks on all doors.
Could work.

If he was INVITED to live there, than the police are telling the truth. I've watched too many True Crime shows with DH that this situation has come up; once invited to stay, the police cannot force them to leave.

An eviction becomes necessary.

I like the idea of setting him up in his own apartment and then NOT inviting him back! Your mother owes nothing to this child and you need to be sure that she knows, understands and agrees with you on this. Otherwise, you are hearing half a story.

Senior Protection Agency is a good decision on your part! Kudos to you.

If the police won't/can't do anything can you approach this from a mental health perspective? Maybe there's a mental health crisis unit you could call.

The next time he acts threatening call the mental health crisis unit, if there is one. Hopefully they will come out to the house and help calm things down.

It also officially documents the threat, and if there is a repeated history of threats perhaps eventually a court-ordered involuntary admission to a mental hospital will result -- which may very well need to be what happens for the older brother's sake. (You and/or the mental health people would have to get this.)

At the hospital they will him get back on his meds, stop the drinking, and maybe discharge him to a group home where he can get some vocational counseling.

Anything, that's how things *should* work, IMO.

If there is a physical assault or stealing, then that's a police matter as someone else wrote.

Sounds like my ex. Lol! When people are drinking and doing drugs coupled
with mental illness, it is almost impossible to live with them because they bring
you down, way down. Your mother should give him some money to find his
own place. It may cost her something in the beginning but then she can get rid of him. And after that, she does not have to open the door to him anymore.
A studio, something small. She can encourage him and get her home and life back.

This is very sad for your Mom and Partner, as they do not need this misery at this time of their Lives. Your Brother has to go immediately, hence inform the Police that You the Family wish to take out a barring order against Your Elder Brother so that if He comes near Your Mother & Partners home again, ring the Police and He will be arrested and thrown into jail.

They need to file an eviction notice with the court. Also, if he hits anyone or steals, the police can arrest him..

Worried,
I don't think I've read anything in this thread indicating that the older brother has "established residency." How long has he been there? Does he receive his mail there? Etc., etc. All I know is that he "is living in their living room," "drinks and does drugs," "threatens," "swears all the time," and "doesn't pay a penny for rent." The police can and should do something, but it's entirely possible that the three times the police have come, the mom tells them everything is fine. You are correct that the parents have to be involved, but Statler can help by facilitating the process.

Sorry... I have nothing specifically against squatter's rights, just not in my house!

In Louisiana there are squatter’s rights on the law books. Some people even did this in abandoned homes after Hurricane Katrina. It was a mess. The squatters gradually made improvements to these homes and eventually ended up living there. Not sure how it all works out in the end though because their name isn’t on the deed of the property. It definitely can become complicated depending on city and state laws.

Truly depends on how the laws are specifically spelled out. It’s a shame. Does not seem fair. Unfortunately, certain areas squatters have rights according to the laws established.

Way too much thinking going on here!

Call the police and APS and get your brother escorted off the property. If he's "squatting," there's no rental agreement and no eviction process required. Just because he's your mother's son, doesn't give him special privileges to do whatever he wants in her home. What if it was some random guy they met at the supermarket who followed them home and convinced them to let him stay? You'd call the police, right?

You can help by doing the calling yourself, but make sure your mom is 100% on board, because you do not want to show up 'guns blazing' only to have your mom say "It's really o.k. He can stay."

Has he been charged for the drug use?  If so, has he served time, and is he on probation?    If yes to both, and if he's still using, he's likely in violation of probation and the police can arrest and incarcerate him again.

Where is he "doing" drugs?  In your mother's home?   I don't understand why the police say there's nothing that can be done if he's using drugs in the home; certainly they'd find drug paraphernalia.

Just a couple of questions. If he is a threat, why can't the police remove him. And, I thought to evict, the person has to be paying rent.