Can my aunts power of attorney evict me from her home, even tho my aunt wants me there?
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Can my aunts power of attorney evict me from her home, even tho my aunt wants me there?
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my 82 year old aunt asked me to move in with her and now im having all types of problems with her powers of attorney, she had fallen and is in recovery.. and since shes been gone they want me out for some reason they said untill she gets back, but they were in her home "cleaning" and i found alot of her things in the garbage. i got them out and put them in my room and they then went in and took the items out of my room..she has minor demensia so i dont know how to go about this situation. i feel like they are already burrying her.. im angry.
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Helen W.
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The "power of attorney" is name of the document your aunt signed. The title of the person who acts on behalf of another under the power of attorney is called the "agent" or the "attorney in fact."
The general rule regarding the authority of agents under a power of attorney is that they must act in the best interests of the principal (in this case, your aunt is the principal). If you believe that the agent is not acting in your aunt's best interest, then your remedy is to complain to the local court which handles power of attorney cases. The name of the court will vary from place to place, but it is typically the same court which handles decedent's estates, guardianships and similar matters.
Unfortunately, it is usually not that simple to bring complaints of this sort in court, and you may find that you need to hire a lawyer to represent you, or at least explain to you how such matters are handled in your area. In my area, though, I must say that it would be pretty difficult to convince a court that your aunt's agent was acting outside of her authority. Most of the time the court will intervene only if the agent is stealing from the principal. |
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mimi
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Your in a bad position but if her POA want you out then they have every right to do this.Go visit your aunt while in recovery and stay out of her legal guardianship's business.I know this is harsh but that is the law.To many times the legal people are ******* but there isn't anything you can do about it but give your aunt all the help you can but it must come from the heart not the pocketbook then when the time comes for your aunt to pass away you can say at least I did right by her. |
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bud68
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A power of attorney is not a person. It is a document granting certain authority to a person. |
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little78lucky
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Yes but they have to be able to show cause. I used to take care of an elderly lady who wanted her son living with her but her POA had him evicted. |
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californiainfidel
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No |
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Racco A
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well if you do not pay her bills wich all the bills are paid by the power of attourny so you have nothing and you do not have no pawer to do anything unlessy she has a will to you and you are responsible to take care of her |
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