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Elderly friend needs advice

I have an elderly (80+) friend, who has a 24 year old roommate. They were first neighbors and became friends. The neighbor lost his job and girlfriend down on his luck, so my friend let him move in to help him get back on his feet. They would go out and eat and drink and became really close and bonded. The young man help my friend around the house and looked after him as well cause he is not in the best of health for being how old he is. During this time my friend covered all the cost every time they went out and all the household cost as well. Then the young man got a job and started a side business as well. Things seemed to be good for my friend, I like the fact that this young friend helped look over him and helped around the house. Then after a while things started to change. My friend would tell me details of the financial issues he was having and how he help his roommate out. It was getting out of control to the point where he had to file bankruptcy. Now he is living month to month barely making ends meet, while this roommate still lives there not paying any bills and basically took advantage of my elderly friend. We’re talking about lot money and the disrespect this kid towards my friend is out of control. I finally went over there and saw his checking account and saw amounts taken out of his account directly to his roommate. He told me has paying him a little bit each month but once the bankruptcy was done he said he didn’t have to pay him anymore. This is cleary undue influence by this roommate and trying to figure out the best way to handle this. My friend is so stressed by this he had a mild heart attack a couple weeks ago. He just wants him to move out and get all his stuff out of there and cut his losses. I think he needs to take it step further and go after him criminally of civil. I know I need to talk to a lawyer and have him prolly write him a letter to leave and not to contact him. I’m just looking here if anyone has been involved in something like this or advice on how proceed. He does get his mail there but has no bills in his name.

created by kwi50 on Oct 08, 2012 at 10:20:56 am     Legal     Comments: 15

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Comments ... #

This organization will definitely assist your elderly friend. He should contact them immediately.

http://www.areaofficeonaging.com/

posted by holland on Oct 08, 2012 at 10:29:23 am     #  

Forget lawyers. If the kid has lived there for any length of time you can't force him out without a legal eviction. (Trust me, I've been though this.) Go over to the Toledo Legal News office, 247 Gradolph Street, just north of the intersection of Detroit and Phillips. The paperwork costs $5, and they'll explain how to fill out the forms and the next steps you need to take. It does involve some court fees and some leg work, but it's worth it to get rid of a pest like that.

posted by shortysmom on Oct 08, 2012 at 11:40:02 pm     #  

Call the police. Your friend owns the house, and the younger roommate never paid rent and there is no lease. One of my elderly neighbors went through the same thing. She called the cops, who escorted the young male out of her house that very day. My neighbor later put his stuff at the curb. Regarding getting his money back, that could be permanently lost, unfortunately. As Holland said, contact the areaofficeonaging or ABLE - http://www.ablelaw.org/index.php?option=com_content&task=view&id=23&Itemid=36 to see if anything can be done.

posted by renegade on Oct 08, 2012 at 11:52:40 pm     #  

I called the police when this happened to me. They came out and told me they had no authority to remove the person from my home. Maybe there was more to your story?

posted by shortysmom on Oct 09, 2012 at 12:51:13 am     #  

"Maybe there was more to your story?"

How can a homeowner not be able to throw someone out of their home when that person is not paying rent and is there at the homeowner's pleasure? Maybe there's more to your story, Shortysmom. Can you tell me how you were able to get that person out of your home? Did you have to go to court? Why did the police say they had no authority to remove that person from your home?

posted by renegade on Oct 09, 2012 at 05:11:14 am     #  

renegade posted at 05:11:14 AM on Oct 09, 2012:

"Maybe there was more to your story?"

How can a homeowner not be able to throw someone out of their home when that person is not paying rent and is there at the homeowner's pleasure? Maybe there's more to your story, Shortysmom. Can you tell me how you were able to get that person out of your home? Did you have to go to court? Why did the police say they had no authority to remove that person from your home?

Once somebody establishes a residence, even as a roommate, it can be tough to evict them, especially quickly. Squatters have rights.
Deadbeats have rights.
ABLE would be happy to help you stay in someone else's property as long as you can before the Sheriff comes under the banner of fair housing. They don't represent homeowners with resources. They represent squatters, migrant workers, minorities, and others who for whatever reason have no access to representation.

posted by justread on Oct 09, 2012 at 06:50:10 am     #  

Agreed with justread: even though there is not a lease, the leech will probably have enough evidence that this has been his residence, and he will be entitled to the same rights as a tenant with a lease. I know that this sucks to hear, but if your elderly neighbor wants the freeloading SOB gone, legal channels must be followed.

The legal way to do this if the deadbeat refuses to leave is to file a statutory eviction action as spelled out in ORC 1923.04.

Regarding the monies that may have been siphoned off by the loser: even if your elderly friend could convince a judge that these were not gifts, chances are the scumbag has a drug habit or has otherwise frittered away the cash. I suspect the elderly victim has just about a zero chance of getting so much as a nickel back. One of my elderly neighbors a few years ago got fleeced out of $80K by some con artists posing as home health care aides, and the family never saw any of that money ever again.

posted by historymike on Oct 09, 2012 at 08:22:36 am     #  

Unless you know Chuck Norris:

chuck norris

posted by historymike on Oct 09, 2012 at 08:28:29 am     #   2 people liked this

I rec'd calling Adult Protective Services.

http://co.lucas.oh.us/index.aspx?NID=898

Unfortunately, this is not an uncommon situation.

posted by corky on Oct 09, 2012 at 09:51:30 am     #  

Landlords worst nightmare
http://blog.nj.com/njv_barry_carter/2011/05/carter_newark_man_acts_as_his.html

posted by Linecrosser on Oct 09, 2012 at 10:17:31 am     #  

Update:

The kid move out yesterday, but my friend is in the hospital and is very depressed over this and crying and cant understand how someone could be so mean and say nasty things to him, when he help him out so much. Ive looked up undue influence and what it might take to file a criminal or cival charge against him. At least he is gone now, which was step 1, now ill go through all the records and put together a case then make a police report and file a cival charge. My freind is so upset over this, its making his blood pressure through the roof, they admitted him last night which was the best thing to do. This kid cleaned him out, its pretty bad, i saw at one point the kid wrote a check to himself and sign it too as my friend; is that not fraud?

Thanks for the leads!

Im just concern with my friends health and his recovery from this!

posted by kwi50 on Oct 09, 2012 at 11:07:13 am     #   1 person liked this

Make sure the locks get changed ASAP! If your friend is in the hospital and the kid had access to the house, who's to say that the kid couldn't go back and take more?

Sorry your friend had to go through this. :(

Hopefully there is some legal recourse to recover at least some of what was taken.

posted by mom2 on Oct 09, 2012 at 12:24:12 pm     #  

If this kid has nothing how does you or your friend expect to get anything back??? Just wondering.

posted by lfrost2125 on Oct 09, 2012 at 06:52:04 pm     #  

Please, please call the Area Office on Aging.
I volunteer there, and while I was doing routine phone calls, a senior related incidents happening (elder abuse). I relayed to my boss, and she got the senior connected with the agencies that could help.

So, just to reiterate...please call the Area Office on Aging..
(800) 472-7277

419-382-0624

posted by 55pointplace on Oct 10, 2012 at 09:22:42 am     #   1 person liked this

Oh, the Area Office on Aging has a live customer support line,
I used it to get their phone number, response time is quick!

http://www.areaofficeonaging.com/Index.html

posted by 55pointplace on Oct 10, 2012 at 09:24:29 am     #  

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