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APS was called by the doctor for negligence. Mother in law passed away (she had cancer) before a restraining order could be served. Now the caregiver is saying she has the right to stay in her home. In Oregon, is she truly a tenant, or an employee who needs to go? She paid no rent, and was paid $1500.00 a month in addition to room and board and her stay was contingent on care. She was never given a key to the home. Do we have to evict her?

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End of story. Caregiver left.
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Sounds like there is more to the story. Glad it worked out.
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JoAnn29 Nov 2018
The caregiver was being brought up on charges of neglect of the Executors LO. So she fled.
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THE CAREGIVER LEFT.
Thanks JoAnn!
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Please note, Executor has said no problem now. The caregiver left on her own.
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Morally, it's wrong for her to stay there. Legally, I don't know. Best to ask an attorney.
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I cant speak specifically to Oregon law but when I was a live in care giver I was allowed to remain in the home for 3 months after the home owner passed. It was, after all, the caregivers home as well. Perhaps your grief is clouding your vision?
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Invest in the money and hire a locksmith to change all the locks- even though she wasn't officially given a key, good chance she had one made at some point. Small price to pay for knowing she has no legal way in to the house.
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Was she arrested or did she flee to avoid prosecution?
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Executor Nov 2018
She hasn't been arrested yet. They have to be able to find her.
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It worked itself out. Thanks for all the advice and tips. APS ( Adult Protective Service) took care of the situation for us! Criminal negligence is not something they take lightly.
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Tent the house, spray for termites just after serving the restraining order.

Be sure to give written notice of pest extermination and the date.
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anonymous815183 Dec 2018
At this point, I really needed that laugh! TKU!
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Please check these two references. I searched "Oregon law regarding termination of living help for Elder services".

First a find and print Oregon State Bar Elder Law Newsletter, Volume 6, Number 1, Winter 2003. Great Information!
Try this link ( or Google it)!
Www.Oregon State Bar/elderlaw /elder_win03.pdf

Then 72 hour notice, 4 days to vacate rule:
For nonpayment of rent, the landlord should use a 72 Hour Oregon Eviction Notice, which can be served only after the rent is more than 7-days overdue. A lease agreement may allow the landlord to give 144 hours notice to pay rent or move if the rent is more than 4-days overdue.

This took me minutes to find with that Google search. Avoid anything that is an Ad!
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Executor Nov 2018
Thanks. She (caregiver) never paid rent, but that is good to know.
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Go to County Courthouse. They will have a free law library. The librarian can not give legal advice but can show you where to find ALL relevant laws, regulations, forms. NOLO is also a great publisher for readable legal information!
I would definitely get someone in the house, to stay there and guard the property. Provide her information on places affordable with immediate occupancy.

Note that no deposit was made! There was no Co-habitation ( no romantic relationship) involved. It may be worth helping with a deposit as final bonus to facilitate her quick move....cheaper than court!

Has there been a confrontation. Threats to you, tantrums, damage to the home? What was the nature of APS complaint.
I have rented rooms in my house previously. Help with housekeeping and yard was part of rent, at option of the person, so lower rent/more access to use of kitchen, etc.
I had house rules. One woman kept breaking them. Coming in high. Brought a make friend in "to talk" with my OK, then left for work with this stranger still in my house.
Leaving food in room, stashed behind bedding, door open, endangering my dog, etc.

I gave her warning. The next time she became threatening and enraged I called the police, and they removed her immediately!

People are saying 30 days notice... assuming it was a month to month arrangement. Did you pay her monthly or weekly. If weekly, it is a week to week arrangement and you need to only give her a week.

Do Take All Valuables and items of personal importance out of the house. You can remove food family purchased, towels, linens, pots , pans, dishes, toiletries, anything not listed in a contract as being provided for her use.

It is worth the price of a storage unit. You can also have family or trusted friend move into your mom's room or a spare room until the house is vacated.
The fact that she did not have a key is a relavent factor. A Tennant has a key, a worker or guest not necessarily.
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worriedinCali Nov 2018
No one assumed it was a month to month arrangement. You are assuming people assumed ;)
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Looks like 'Executor' was just passing through..?
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This seems more like a legal question that should be posed to a lawyer. Maybe try posting this question on Avvo.com. They have a Q&A board where lawyers answer questions like yours. It may even help you find a lawyer to help with your issue to remove the unwanted person from the property.
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You will probably need to evict.

Some states have Squatters Rights.
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Same as I say....
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If she has 30 more days I would try and take anything of value out of the house
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IRS states that a live in is an employee. She cannot do her job if not in the home. You determine her hours, etc. So employer is responsible for withholding all taxes, social security, workmen's comp, Medicare, unemployment etc...

Your best bet may be to buy her out and hope she does not go to the Department of Labor.
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If she lived there for more than 1 year, legally you have to give her 60 days notice. Under a year and you have to give her 30 days. You also have use court proceedings to evict her https://www.osbar.org/public/legalinfo/1254_ResidentialEvictions.htm
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I hope you had a contract in place. It would be nice if it says that upon death of the client, she has 30 days to vacate the property.

I would first find out the law. She was an employee and now her services are not needed. I agree that u may have to evict. It will probably start with a notice to vacate. When she doesn't do that, then you will need to take her to housing court where a judge will make the decision to how to handle her.

I don't see where you would have to get involved with "if taxes were paid" blah, blah, blah. She is self employed. So she is responsible to pay income taxes. You were responsible for SS taxes though. Deducting them and matching.

Get back to us on how this works out.
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GraceLPC Nov 2018
You are incorrect. If she is Self-employed independent contractor, she has to pay SS & Medicare taxes, plus income tax withholding over after $400-600 a year. I have worked as an independent contractor, and had jobs switch us from employees to independent contractor.
However, if your contract or agreement meant that you, not she, was in charge of when she worked, times, days....not her disgration, than she became an employee! While in IC might worry about getting not being called back to work consistently if she took time off, or another job, or wanted her hours shifted...she is her own boss. She might lose a client, but she still works for herself. If you state hours to be worked, days off, etc. Then you are the boss and she is an employee, so you should have withheld taxes.
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When did the doctor call APS? And why didn't APS do something when her physician reported the caregiver?

How long does it take to get a restraining order in Oregon?

You have a written contract with this caregiver?

How did your MIL feel about her? To have a live-in caregiver requires a special relationship.

Whatever the answers to these questions, I agree with the others that one-day notice to vacate is unreasonable. It seems that she was not so horrible that the police had to be called to remove her. Give her sufficient time to vacate because that is where she was living i.e. room and board. You'll catch more flies with honey than with vinegar.
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How long had this caregiver been living with your MIL?

When was the report made to APS?

In the absence of a restraining order, was the caregiver continuing to provide care?

The first question may be important in determining the caregiver's rights. With two and three, I'm just trying to get a picture of what was going on.

When APS are so minded, they can intervene immediately, you see. So it's difficult for outsiders to know whether this caregiver was so grievously at fault she deserves to be slung out bag and baggage after however many weeks', months' or years' service, or there has been a falling-out and the family is keen to see the back of her, or somewhere in between.

In any case I'm sorry for your loss, and sorry for the heightened tension which must be very difficult for everybody.
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Agree with CW, one day to vacate the premises is too much to ask. This was her home too. Yes, you probably have to evict her but I would start by giving her written notice to vacate in thirty days. State of Oregon may even require more notice. The sheriff's department here has eviction kits. They can help you.

And I sure hope this person was paid in compliance with state and federal law. This could become quite the legal mess if paid under the table.
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I'm not sure of the legalities but IMO it is unreasonable to expect anyone to vacate their home with only 1 days notice - if she was living in she likely has no where else to go. Keep it professional and above board (if you are unable to stomach this then keep yourself at arms length), serve her with a reasonable notice of termination and time to vacate, the more helpful you are the less apt she is to put up roadblocks and the sooner everything can be resolved.
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