I am 60 years old. My sister abandoned us and I am the only left to care for my mother in MARYLAND
I have all the feels a person like me would have but my main concern is about the women who lives with my mother. She is my eyes and ears. We do not have a contract. We do not exchange any monies back and forth. She helps me while I help her but now I'm concerned about her rights to squat. Can she take over a home that's in a trust.?
She has a REAL day time job and she goes in and out as she pleases. I am just happy she is there at night so that I can sleep better at night. She feeds her breakfast etc but now with everything I am hearing on the news I am worried it could happen to me. What can I do? I understand I need a contract but is there anything other advice I should know .?
The OP should hire paid caregiving services for her mother and make a rental/lease aggreement with the woman who lives in the house so she becomes a tenant/renter.
If you're getting the care services free that changes everything.
The OP should run her possible, futur squatting concerns by the woman who lives in her mom's house and helps her for free.
She wants to be advised on the best way to do this that doesn't risk insulting the woman and losing her free service.
Squatter's Rights refer to the set of rules that may allow individuals who unlawfully occupy land or buildings to eventually gain legal ownership under certain conditions. A squatter is someone who resides on property without legal authorization, which means they neither rent nor own the property.
What is the Legal Basis for Squatter's Rights?
The legal basis for squatter's rights in Maryland is adverse possession. Adverse possession requires the squatter to meet several criteria before they can attempt to gain legal title to a property. The possession must be:
- Actual: The squatter is physically present on the property, treating it as their own.
- Hostile: Their occupation is without the permission of the owner.
- Exclusive: The property is occupied by the squatter alone and not shared with others.
- Open and Notorious: The occupation is obvious to anyone, including the owner.
- Continuous: The squatter must inhabit the property for a specific period, which in Maryland is typically 20 years."
Source: https://www.steadily.com/blog/maryland-squatters-rights-laws#:~:text=The%20legal%20basis%20for%20squatter's%20rights%20in%20Maryland%20is%20adverse,treating%20it%20as%20their%20own.
As a separate issue, I would still have her sign a written contract so that there's NO misunderstanding about what her role is in this situation. This is so she cannot come back after the fact and sue you for "wages" or reimbursement. There have been several of these types of posts from live-in caregivers after their charge had passed and they woke up one morning and figured out they had wasted their time and life.
Your Mom's live-in: that is her legal residence if her mail is being sent there. To get her out you'd need to evict her. So, I would have an attorney help you draft up a document regarding the rent barter that going on, and anything else to protect you. If she doesn't sign it, she has to move -- so don't make a threat you aren't willing and able to carry out. It may cost some money to do this, but it could be way way costlier if this person started working against you.
Also, you should still have a plan for when your Mom eventually is more than her roommate is willing and able to handle (since she has an actual day job). This is also a discussion with an attorney and Medicaid Planner for Maryland (if that's where she will continue to reside if she ever transitions into a facility).
Just read in This Week (that tiny weekly magazine is the best I have ever had) a story about a guy who will remove squatters for you. You hire him. He gets a rental contact from you. And he moves in with his guns and his bad habits and says to the squatter in the house "I have a rental contract for this place. It's mine. Hope we get along". Turns on the music then full blast and opens up the beer cans. The squatters, without a miss, move out at once. Well done, say I, as police won't remove them. I hate to say I side with vigilantes, but I guess that's what this old 81 year old has come to!
-is the house actually owned by a trust right now, or is it owned by your mom and that it will pass into a trust when she dies? And are you worried about the person refusing to leave right now, or only once your mom dies?
-Google search suggest in Maryland, unless (as another poster already wrote) the possession has been adverse (without permission) for more than 20 years, the resident doesn’t get control of the property. This part seems unlikely.
-Much more likely to be relevant is whether the person is a guest (in which case they can be asked to leave) or whether they are a tenant. And what establishes tenancy the exchange of rent for in Maryland as best as I can tell….which does not have to be money. It could be services. This last sound like it could be the potential issue – if there’s an agreement to provide services in exchange for rent that could be considered tenancy.
Again, I’m not offering legal advice and you 100% need a lawyer (esp given the trust). But this seems like the framework of issues that you need to know when talking with the lawyer.
Speak to an attorney in Maryland and find out how you would evict her or have her removed, if it ever came to that.
Otherwise, you may be causing yourself and your mom to face losing her night time comfort and potentially her independence.
Doing things because of what ifs and what might could happen is usually way off base and causes more problems than it solves.
Fear of the possibility of potential future squatting eventhough the person who takes care of your mother FOR FREE has a regular job and has given no indication that she may squat some day.
I don't think anyone here knows a way for you to literally insult this woman, but keep on friendly terms with her and the free service she provides your mother.
Lady, I did caregiving for 25 years and have never heard nonsense like this.
Really you take the cake. In fact, you take the whole bakery.
Does she get mail at your mothers place?
Is her address on her drivers license your mother's address?
My gut tells me that depending on the type of person this woman is you may have no problems at all when mom dies or if mom has to be moved to a facility that can better manage her care.
On the other hand you could be in for a fight.
My concern is...
In your profile you say mom has Alzheimer's. I believe that a person with dementia should not be living alone.
If this person that is looking out for mom has a "REAL" daytime job she is leaving and mom is left alone for the day.
At anytime during the day mom could leave to get the mail and wander off, turn on the stove and leave a pan on, or put a kitchen towel on the burner, turn on the water and leave it running. I could go on as there are so many things that could happen.
Yes, I'm sure mom wants to stay in her home but that may not be possible.
Would it be possible for you to install cameras so that you can monitor and see exactly what mom is doing. That might be a supplemental "eyes and ears" for you to gauge what actually happens.
Also wondering how much "help" mom needs?
Is this person doing ANY caregiving duties?
Washing laundry, cleaning, helping with ADL's, is mom incontinent? does she help with showering, toileting? and so on?
What exactly is this woman to your mother? Friend? Roommate? Caregiver? Tenant?
The home is your mother's while she lives.
She can have anyone there she wants to have there. This could be a love relationship; it could be a roommate relationship. You really don't know, do you?
If your mother has her home drawn into a Trust, and now is having any dementia, then she cannot change her Trust. And the Trust cannot be changed by your mother living with ANYONE.
What I would caution you is that if there is a trust you need to get together with Mom and go over it. You need to be sure her property is titled to this trust and not your mother (you check this in county records). Because often elders do a trust and then don't "fund it" by drawing property and accounts into it.
If you mother is of an age it is time now to visit and say "Let's make sure everything is in order".
Let's go over everything, where it is and etc. Use the pretext of her safety and assurance all will be taken care of.
If this woman is caring for your mother your mother may have already put her on an account of some kind as POD (pay on death). I sure would. I would make certain she had money when I died to start a new life, at least have cash for rental for a year until she saves up for her own first and last rent. If this is a good long term friend then you can assist your mom doing this.
There are a lot of questions here.
Such as "Who is trustee when your mom no longer is?" "Does you Mom have capacity NOW to remain Trustee of this trust?" "Is all property drawn into this Trust?"
See an attorney.
You have important questions here. If Mom is giving this woman money that may be considered gifting if she every needs care, and preclude her from getting assistance if she needs it.
Who is POA? Is this woman managing her care or are you.
I would say we can only guess at the details here.
In the case of a well written trust in which the home is titled, then no, this woman cannot "squat" but you may need attorneys for eviction.
You should, you are correct, have an agreement, a care contract.
In SHORT, SEE AN ATTORNEY. This needs all to get answered and addressed. You need reassurance and this woman needs safety.