Evicting a Grandson

My question involves an eviction in the state of: West Virginia

This seems like the best place to post this. I apologize if it is not.

Yesterday I found out that my nephew (28 years old and was practically raised by my mother) had broken up with his girlfriend and after she threw him out he moved into my elderly mother's house without as much as asking her permission. He is always in trouble and treats my mother badly. I spoke to her on the phone and she said that she does not want him there but doesn't know what to do about it. She cannot bring herself to take legal action against him. He has been there less than a week.

So my question now is, if I can get my mother to say the words "I want him out of my house" to me can I bag up all his stuff and put it out at the curb and then physically prevent him from entering the house?

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he moved into my elderly mother's house without as much as asking her permission.

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She told him NO, but let him move in anyway? Or said nothing at all? Clarify, please? Unless she actively told him NO, his continued presence implies permission.

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She cannot bring herself to take legal action against him.

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She NEEDS to. You don't have standing to take any action. Your Mom needs to tell him to get out, and if he refuses, SHE needs to call the police and have him hauled out as a trespasser.

And she needs to do it SOON. If she allows him to STAY, he has a chance to argue that he's a tenant (yes, even if he's not paying rent), which will mean she'll have to go through the expense and hassle of an eviction process. She needs to tell him to get OUT, and then call police if he doesn't go.

My mother is 82 years old and will not stand up for herself against him. This is the problem I face. I simply cannot stand by and watch this go on. There should be laws to protect elderly people who are afraid to protect themselves.

There are - and you can absolutely notify adult protective services, but if mom is COMPETENT to make the choice not to stand up for herself, then everyone is stuck with that. Even adult protective services can't FORCE her to make good choices for herself or in her own best interests.

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Quoting aardvarc

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There are - and you can absolutely notify adult protective services, but if mom is COMPETENT to make the choice not to stand up for herself, then everyone is stuck with that. Even adult protective services can't FORCE her to make good choices for herself or in her own best interests.

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Who decides if she is competent or not? She is mentally competent to make everyday decisions but she is not emotionally competent to protect herself against the abuse of her grandson. This type of thing has been an ongoing problem with him. He steals from her and she won't press charges. He hounded her into cosigning a loan which he defaulted on causing a lien to be placed against her house. He's verbally abusive. Now he's living in her house. How do I stop this?

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Who decides if she is competent or not?

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The courts. The only way you get decision making abilities on behalf of your Mom is to go to court, have her declared legally incompetent, and obtain adult guardianship over her. If she is handling her own finances and household decisions, you're going to have a hard time convincing the court that she's incompetent.

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Quoting LawResearcherMissy

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The courts. The only way you get decision making abilities on behalf of your Mom is to go to court, have her declared legally incompetent, and obtain adult guardianship over her. If she is handling her own finances and household decisions, you're going to have a hard time convincing the court that she's incompetent.

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I understand, and this is pretty much what everyone is telling me. Well sometimes doing the right thing is not doing the legal thing. I will do what I have to do. Thank you very much for your input.

Good luck to you and your Mom. Please don't do anything that will land you in legal trouble.