Q: Do I have any rights or protection?
I have been living in my mom’s house for the past 4 years and have been her primary caregiver as her dementia worsened. I do not have a lease nor did I pay rent. However, I am now paying all the utilities. My mom is now in memory care and my siblings want to prepare the house to sell or lease. I need time to both heal from the chronic stress of caring for my mom as well as to increase my income. (I have worked remotely so I could be here for her and to get my daughter, a senior, through school.) My sister has power of attorney. Do I have any rights or can my siblings basically force me to move out?
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A:
Your situation sounds challenging, and it's understandable you're seeking clarity on your rights and protections under these circumstances. Given your role as a primary caregiver and the changes in your living situation, it's natural to have concerns about your next steps and housing security.
First, it's important to recognize that tenant rights can vary significantly depending on your location. Generally, even without a formal lease agreement, living in a home for an extended period, especially while contributing to its upkeep or utilities, may grant you certain tenant protections. These might include the right to receive notice before being required to move out, which could provide you with time to prepare and find alternative housing.
However, the specifics of your rights can be complex and are influenced by local laws and the nature of your arrangement at your mom’s house. Your sister's power of attorney grants her authority in legal and financial matters concerning your mother, but it doesn't automatically negate any rights you may have as a resident. It would be wise to discuss your situation with a legal professional who can provide guidance tailored to your circumstances. They can offer insights into possible avenues for negotiation with your siblings or explore any legal protections available to you, ensuring your efforts as a caregiver and your current situation are considered.
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