QUESTION
Is a POA of a controlling tenant legitimate on the verification page of an Unlawful Detainer suit amended complaints?
Asked on Apr 12th, 2016 on Landlord and Tenant Law - California
More details to this question:
Within six weeks of moving in, a new tenant (no relation to the landlord) had taken over management of nearly all affairs of my elderly on-site landlord (after reading to him a hospital discharge that suggested he grant a POA (after talking to his DOCTOR or a LAWYER!) and that also included ‘FINAL DIAGNOSIS: ALTERED MENTAL STATUS’!), and attempted to evict me by means of an invalid 30-day letter she wrote for the landlord. When I ignored her invalid letter, using the landlord’s funds she hired an attorney to evict me properly (a 60-day letter followed by a UD suit). She has now signed (using her initials followed by ‘POA’ that he apparently granted her), on behalf of the landlord, the VERIFICATION page of both a first and second Amended Complaint of the UD suit issued by that attorney. Are these VERIFICATION pages valid? Are the Amended Complaints (issued by the attorney) valid?
1 ANSWER
A POA can not be created by a person who has a mental problem that prevents them from knowing what they are doing. I would think that a POA would not be sufficient to sign a verification, although a conservator would.
Answered on May 16th, 2016 at 4:35 AM