Using a Power of Attorney to Evict a Sibling From an Elderly Parent's Home

[snookster1]

My question involves a power of attorney in the state of:california.......i am power of attorney for my mother who has alzheimer's disease...she is in a living facility due to the fact she cannot be left alone,she was in a mobile home park and i let them know my mother would no longer be a tenant on the premises and every one that lived there should also be gone because it was not affordable to them after mom left..however my brother refuses to leave and he has not paid rent in 4 months...what are my options here because the mobile park management knew he was there and served no pay or quit notices until now..my mother has been in the facility since november 22 2011..now the mobil park is threatening to take my mother to court for non -payment ....what am i to do or is it on the mobile park to take action against him?

[harrylime]

What sort of rent agreement was there? Was it a lease for a certain period or a month-to-month rental? Who was the renter/lessee? Just your mother? Or multiple parties?

[Mr. Knowitall]

You will have to review the power of attorney to see what powers it grants to you.

You have not told us if your mother owns her manufactured home or rents it. If she owns it, eviction (if it actually has to be physically removed from the lot) will cause a lot of damage. If she does not own it and there's no expectation that she will move back, although an eviction will damage her credit, may result in a money judgment for her rent arrears, and she may owe additional money if she's on a lease with a fixed term extending into the future, the eviction can be expected to cover all tenants and occupants of the home. You haven't told us if your brother is a tenant or an occupant; if it's the latter you can explore your own rights to evict him given whatever powers are granted by the POA.

If you are assuming the role of your mother's fiduciary, be sure not to create a huge liability for her by not handling the end of her tenancy in an appropriate manner.

[poa]

regardless of what it reads in the power of attorney, this is more of a lease related issue. If your mother is on the lease and the lease was never broken, then your mother is still on the hook.