QUESTION
If I live with my grandfather, can his power of attorney which is my aunt, throw me out of his house?
Asked on May 24th, 2013 on Landlord and Tenant Law - Nevada
More details to this question:
I live with my grandfather. I have lived there for a year and a half. My aunt who is his power of attorney is threatening to throw me and my son out of his house. She doesn't live there yet tells me this is her house and feels she has the rights to rule the house. Is this legal to throw me out because she is power of attorney?
4 ANSWERS
DUI Attorney serving Grove City, OH
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Law Office of John G. Galasso
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She stands in his shoes; However POA can be revoked by the maker at any time; Talk to him and let him know what is happening; If he doesn't agree with what she intends on doing, then he can revoke her POA;
Answered on May 28th, 2013 at 9:37 PM
It is unlikely the power of attorney grants her the power she claims. You should have the document reviewed by an estate planning attorney to clarify what she can and can not do.
Answered on May 27th, 2013 at 7:36 PM
That depends on what is written in the power of attorney form. You should ask for a copy of it. Also, if your grandfather is still mentally competent, you could have him revoke the POA.
Answered on May 24th, 2013 at 12:57 PM
Commercial Contracts Attorney serving Boise, ID
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What is grandfather like? Is he suffering from Alzheimer's? If so, then the POA is probably in effect and she can do that. However, if she is treating the house as hers, she is probably violating her duty to him under the POA, since the POA doesn't give her the house, just the authority to manage his affairs. I suggest you contact an attorney and see about being appointed guardian for your grandfather. If you are appointed guardian, then you can get rid of the POA.
Answered on May 24th, 2013 at 12:57 PM