Follow
Share

I am thinking of moving in to take care of my mother, but she doesn't want me to. She has heart issues and it is difficult for her to get around. I want to move in to take care of her. Can I just move in without her consent?

Find Care & Housing
Unless she is cognitively impaired and you are granted guardianship by the court, or by some coincidence your name is also on the deed/lease, then no. It is her home and she as the right to decide who gets to live in it, even if that decision is to her detriment.
Helpful Answer (3)
Reply to notgoodenough
Report

That’s called trespassing, and is indeed illegal.
Helpful Answer (2)
Reply to ZippyZee
Report

If you want to take care of your Mother yourself, you will need to go through some hoops first:

- she needs to assign you as her PoA. To do this you will need to convince her to go to an elder law attorney with you. The attorney will decide if she has capacity. Your Mom needs to be willing to assign you. She has to pay for it.

or

- you pursue guardianship for her through the courts. But this will require proving she needs a guardian because she is diagnosed with sufficient incapacity to act in her own best interests. This costs time and a few thousand dollars.

Everything hinges upon whether your Mom has cognitive impairment or not.

If you don't have siblings you can download a PoA template for her home state and -- if she's willing -- can assign you as her PoA. You take the document to a bank notary with ID and they will provide 2 non-family witnesses. In most states this finalizes the PoA. Make sure to do 2 original copies, one for each of you. If you have siblings this way of creating the PoA can be dicey and possibly contestable.

Then after PoA is assigned, take her for her free Medicare annual wellness exam and discretely ask them to give her a cognitive/memory test. This will give you context for how much help she needs and what else may be going on with her health.

If you are really concerned about her wellbeing and think she is not taking care of herself, then contact APS to get her on their radar as a vulnerable adult. If she goes on to have cognitive/memory issues the county may refer her to a judge who will assign a legal 3rd party guardian. But this is if she has no PoA.

You need to know what you can and cannot legally do before you start doing anything.

What reason does she give for not wanting you to live with her? Have you tried suggesting a temporary short-term visit? Are you retired so that this isn't onerous for you?
Helpful Answer (0)
Reply to Geaton777
Report

No, of course you cannot. Not anymore than you could move in with ME without my consent.

The single circumstance I can think of would be if your mother suffered from dementia so severe that she was judged a danger to self or others and was judged mentally incompetent. In that case you would be (if not already her POA) appointed guardian, and could move in to give her care in lieu of placing her in safe care . You would need physician's letters and guardianship (a legal court action).

If your mother is mentally competent, but she doesn't wish you to move in, you can check on her by phone morning and night. If she seems to you incompetent in her care despite being basically mentally competent you can ask for a sheriff or police wellness check and ask that they call in APS if they feel a case should be opened.

Sure do wish you luck in attempting to help your mother.
Helpful Answer (1)
Reply to AlvaDeer
Report

No, and I wouldn't recommend that you do it anyway. These type of arrangements very seldom work out.

Remain her daughter not her caregiver.
Helpful Answer (5)
Reply to MeDolly
Report

It is a beautiful gesture that you want to do that. Most of us want to help in the beginning. You figure it you will be devoting a year, maybe two to help and do.

But can be way longer than that. And care gets harder as they become immobile and incontinent and many elders become downright nasty and you will need to cope with that.

You will be putting your life on hold indefinitely. What I learned about old age is that the decline happens in tiny bits and pieces. They just linger. It takes years before death happens. My mother died in June at 95 after five years of help. My father will be 96, no quality of life but thankfully is in a NH at this point because he is a two person transfer and I am nearly 70 and can’t physically care for him and his money is gone. He is on Medicaid.

You should be prepared and aware that you making a huge sacrifice .

Good luck to you from someone who has been there.
Helpful Answer (2)
Reply to Hothouseflower
Report

Does she actually NEED your full time "help" and caregiving?
If she does not need 24/7/365 care then back off.
If she does not want you there..back off.
There are other ways that she can get help if she needs it without you giving up your life, job, family, home to move in and care for her.
Please read all the other comments from people that have moved in with a parent and it does not always go well.

Honestly if someone decided that I needed "help" and they were going to move in with me I would not be happy, I frankly would be pissed. And I would do everything in my power to get them out. Resorting to going to court and getting them legally evicted. Or to the police and getting them arrested as a trespasser.
And possibly filing a restraining order if it got to that.

If you want to keep an eye on mom then a security camera might be the way to go.
Now if mom has had some trips to the ER and it is not safe for her to be alone then talking calmly about other options that might work.
Hired Caregivers
Cameras
Alert Systems
Alexa or other device so she can quickly get hold of you and or you can "drop in on her" to see if everything is ok.
There are programs at many Senior Service Centers where Volunteers contact members just to check in and make sure they are doing well.
Helpful Answer (1)
Reply to Grandma1954
Report

How old is Mom? "Difficult" does not mean she cannot do for herself, just will take her longer. Many people have heart issues and live on their own. If she does not want you there, then don't go. Maybe regular visits just to make sure everything is OK.
Helpful Answer (1)
Reply to JoAnn29
Report

Honestly take it from one long time caregiver to another that's just getting involved. That your mom is doing you a huge favor.

My mom won't even put me on her emergency call list, ever since I tried to talk to her about it , I'm doing more and more for me, less for her. Living my life, if this is the way she wants it, my hands are tied. So why worry if I have no power.
Helpful Answer (2)
Reply to Anxietynacy
Report

Can any of your relatives decide that YOU need help and move into your home even if you don’t want them there? Why would your mother be any different? Unless she’s been declared incompetent by a physician, you cannot make decisions for her regardless of what you believe to be in her best interest. You can be a loving, supportive daughter and check in with her often. Don’t overstep your boundaries. That never ends well.
Helpful Answer (1)
Reply to RLWG54
Report

Why would you do such a thing?? She can call the police and have you removed from her home. Leave your mother alone to fail or thrive on her own. If she fails, then she gets to have help forced upon her.
Helpful Answer (1)
Reply to lealonnie1
Report

No. You can't move into someone's house without their consent. If she doesn't want you living there, don't try to move in there.
Helpful Answer (0)
Reply to BurntCaregiver
Report

Ask a Question
Subscribe to
Our Newsletter