How can I get a brother to move out of mom's so my husband and I can move in to better care for her?

Thanks you guys. Yes, I do have a POA and have to help mom write her checks for bills and things now. She has Parkinson's and shakes so much. There isn't enough bedrooms for my husband and me to move in there with shiftless still there. The house only has 3 bedrooms. I am not sleeping on the couch or floor.

if you want to move in to help your mother you might need old shiftless bro to help care for both disabled family members. if your planning to provide care to two people you will need any kind of help you can get. every live in caregiver could be labeled a parasite at first glance. most are sacrificing wages and their own happiness and peace of mind.

Do you have POA (power of attorney) for your Mom? Your brother is technically a "tenant", so if you have POA, then you should (depending on your state) be able to go through the legal channels and serve him with a notice of eviction. If he does not move by whatever the law in your area states (30 days, 60 days, whatever), then he will be evicted. If you do NOT have your mother's POA, then I suggest you get her to sign it over to you as soon as possible, if she is able to understand what it is. If not, you will need to secure one via a court order. Who is caring for the mentally challenged brother? Is he able to care for himself, clean himself, etc.? If not, then be sure you have POA for him also.

Let me preface this by saying I'm not an attorney, I only have my experiences as a caregiver to draw from.

Unfortunately, there is no legal way to kick him out unless you either prove your mother isn't capable of making her own financial and medical decisions, or you can prove to adult protective services that she is living in a dangerously unclean or unsafe environment and he is abusing her.

Maybe there are other options that other members know about that I do not, but from my knowledge those are about the only options you have legally.