My sister doesn't have POA for my mother. She had a letter notarized and it was given to me. My sisters reasons why she wants me out are in this letter and they are not true. My sister is giving me 3 weeks to move myself and my belongs out of my mothers house. She is given me a date that i have to be out of the house. She just wants me out so my brother can move back into the house. I had a TRO granted by the Judge against my brother for 6 months because he hit me. I'm afraid that she will remove my property and .everything I own in my bedroom if i don't. What can I do to stop my sister from touching my things.
Is Mom now in a NH on Medicaid. If you cared for her for at least 2 yrs, you may be able to get a Caregivers allowance if you can afford the taxes, bills and upkeep on the house. IMO, sis cannot kick you out. Its definitely your residence. You may need a lawyer to help you. There is legal aid that charges by scale.
If your sister has no POA she has no power. Mom is the owner, only she can ecvict, IMO. Notarizing only means that the notary confirms the people are who they say they are.
You can change the locks on the front door, you can put locks on your bedroom door and have a camera inside monitoring activity. You can install a camera doorbell. Put up No Trespassing signs. Act like you have a right to live there, because you do.
But... what about your Mom? She has dementia, and will get progressively worse and require more and more care and management. If your Mom doesn't have an assigned PoA then this will eventually become a problem when she can no longer manage paying bills herself or access her financial assets. How advanced is her dementia currently?
Ideally, your Mom should assign a PoA, create a Advanced Healthcare Directive and a Last Will naming an Executor of her estate. THEN you take her to her primary doctor for her free annual Medicare wellness exam where you ask tell them she's having dementia-like symptoms and to test her cognition and memory. This gets her an accurate diagnosis which will be important, and protects you if she is telling damaging confabulations to other family members. Do you know that elders with dementia can have confabulations and tell these delusions to others, who may believe them? This is a common occurrence.
Stopping your sister from "touching your things" is the least of your problems. If she's determined to get you out, who knows what she will do. You need to show her you have the law on your side. If you have to spend money for a lawyer it may be worth it. She's hoping her lame notarized Tattle paper will rattle you. You need to come back at her with actual legal protections to shut her down. But your Mom is presumably the owner of the house and needs appropriate care into the future. Time to think about HER and do what's in her best interests.
Does your sister also live in the same home?
A notary generally verifies that a signature is authentic, that the signer understands the content, and that the signer is signing under their free will. What is the content of the letter? Is it from some authority?
Who, if anyone, has your mother's POA?
Is your mother still alive? Is she still in the home? Are you still her caregiver, or is she alive in a nursing home.
Sandra, it is important you know that a "notarized anything" means nothing. A letter that is nortarized only means that a Notary Public attested to the signature on the letter being a valid signature. It isn't an eviction notice. It isn't legal unless your sister is POA or guardian or conservator for her living mom, or unless she is the Executor of your mother's will and mother is dead.
So sit tight. You do not have to leave the home. And you restraining order will hold.
Because you are currently enmeshed in a very ugly family dispute and situation, Sandra, I can only suggest that you see an elder law attorney. At some point one of your siblings will go for guardianship if mother is alive. At that point you can be evicted from the home. You may need to consider beating them to it by going for guardianship on your own if you feel capable of managing that.
We are just a bunch of caregivers and we know nothing about your personal legal or family history or situation and its legalities. You really need expert advice here. I do welcome you to the Forum, but you need more than we can provide. I wish you the best. I wish you had taken care of business when mom was able and well enough to do it. Your note to us serves as sad warning to others.