We have a relative living in the house Who is causing problems and it would be in the best interest of my mother for them to leave. She is uniwilling to ask them to leave even though they have been verbally abusive with her. She 80yrs old. Does my power of attorney give me the power to go to court and have them evicted?
You do not indicate whether the power of attorney your mother gave you authorizes you to handle real estate matters. If it does, you would have the legal capacity to bring the legal proceedings needed to evict your relative. If your relative has been living in the home long enough to be considered a tenant, you need to terminate their tenancy by service of a 30 day notice of termination. You would be well advised to hire a lawyer to review your power of attorney for the authority to bring the eviction and to prepare the necessary notices and bring an eviction proceeding if needed.
Estate Planning Attorney
It would also be important to know whether you currently have the authority to act on behalf of your Mother. Is she incapacitated as defined in the document or state law? If not, does the POA require incapacity in order for you to act?
I am licensed in Wyoming only. The legal analysis of any situation depends on a variety of factors which cannot be properly represented or accounted for on a web page. The information is intended as general information only, and is not intended to serve as legal advice or as a substitute for legal counsel. If you have a question about a specific factual situation, you should contact an attorney directly.
Real Estate Attorney
That depends on the specific powers granted in the power of attorney. Have an attorney review the power to get an accurate answer.
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I agree with the other responses, and particularly that of Attorney Powers. If the POA is not effective at this time, you would be dead in the water, without your mom's approval. If the POA is effective, then you would be able to bring an action. But you will almost certainly need to have an attorney represent you with this. Even if the POA expressly states that you have the legal right to represent your mother in court, I know of no judge that would allow you to do this without an attorney, (unless you have a law license, that is).
*** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state.
Elder Law Attorney
As the other attorneys correctly mentioned, the answer depends on what the
power says. You should have an attorney look at the power. I am close to
Jamaica and will be happy to look it over at no charge.
Sincerely, Roman Aminov, Esq.
Law Offices of Roman Aminov
147-17 Union Turnpike | Flushing, New York 11367
P: 347.766.2685 | F: 347.474.7344
Roman@AminovLaw.com | www.AminovLaw.com
This answer does not constitute legal advice and no attorney client relationship has been formed. Before choosing a course of action, it is always advisable to seek the advice of an attorney in your area.