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CHRhelp Posted November 2012

How to remove an aging aunt from her unfit home.

My 83 year old aunt's home is unfit to live in. My 63 year old male cousin lives with her. She has brain washed him that if it wasn't for her he would be dead. I have offered to help but my aunt is a controller and refuses the help and says they are getting along fine. She can't see to drive so my cousin goes with her everywhere to help her see. She has hit a motorcyclist who stopped to fast and side swipe a car, maybe more mishaps but this is all we know of. My male cousin has fallen and broken his knee cap, can't get around the house due to my aunts hoarding. what legal action can our family take to move him out and move her to a safe facility ?

CHRhelp Nov 2012
Thank you all for your input and great advice.

ellantz Nov 2012
As for the driving, go online to the Department of Motor Vehicles for your state. My state, Texas, has a section on elderly drivers, and how to report them anonymously; there was a form to fill out and mail in. I had to report my 93 year old dad this past summer, and it took a month for them to send him a letter ordering him to come in to the local DMV office to take the eye, written, and behind the wheel tests, then another few weeks before they could test him. I also had to get a letter from his doctor that he should not drive. He did not pass the written test, so he had to surrender his license. All this was a hassle, due to protecting the civil rights of the elderly, obut not nearly as much trouble as if he had injured/killed someone or done other property damage. By all means, get the police and DMV involved - they are DEFINITELY on the side of public safety, and will not tolerate even the slightest question when it comes to elderly drivers.

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Mamoogins Nov 2012
Generally an attorney is not necessary, but calling Adult Protective Services in your area is an excellent idea. They will be able to assist both your aunt and the nephew. As far as her driving, you may be able to report her tag number anonymously and the police will pull her license. She will then have to take a test in order to regain them. 99 times out of 100, they don't get them back. We hate to admit it, but there comes a time when we are no longer safe on the road.
I'd still start with APS first. Just look them up on the internet for your area an voice your concern.

ellantz Nov 2012
Your county or other local government should have an Adult Protective Services agency that you can contact, or some type of Social Services agency should be able to direct you to the proper authorities.
Good luck with this.

MishkaM Nov 2012
I do to have an answer for you but wanted you to know I am sorry for you and your cousin. You probably need to talk with an attorney. I wish I could offer you some advice but I do not know much about the legality of such issues. Good luck!!

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