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  1. #1
    Join Date
    Feb 2012
    Posts
    1

    Default Evicting Non-Rent Paying Drug Addict

    My question involves an eviction in the state of: San Antonio, Texas

    Living situation: Bedridden grandmother and property owner with three adult sons. One son is quite disabled, one is slightly disabled and the other is a disruptive and verbally abusive meth addict. None pay rent. The former two pay their way with 24 hour caregiving, grocery shopping, cooking, chores etc. The latter one does not contribute at all. I realize that's a civil matter, but it paints a picture. How do we get this guy out of the house?

    Also, the Power of Attorney for my grandmother's business affairs (but not medical) is another one of her sons and is quite responsible. He resides in Oklahoma, though. Does he have the right to evict even if my grandmother's cognitive function is mostly intact? An aside: my grandmother has expressed her wishes to evict said son but doesn't want to be involved with the process. She cannot make a trip down to a government office to see this through, even if she wanted to, due to her medical state.

    Thanks in advance.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Evicting Non-Rent Paying Drug Addict

    The holder of the power of attorney has whatever power grandma gave him when she granted the power of attorney. If she is mentally competent, she can overrule him or terminate the power of attorney.

    If the son who holds power of attorney has the power to evict the son, or if not and grandma grants him additional authority to handle the eviction, he can proceed with an eviction action - but it will affect grandma, given that she and the problem son are living in the same house, and I expect problem son to put a lot of pressure on her to call off the eviction, to not carry out a judgment of eviction, and to let him move back in if he's actually evicted. Also, somebody competent to substantiate the case is going to have to appear in court to support the eviction case, and from what you've said so far it's difficult to identify any person who would be competent to do that other than grandma.

    The Oklahoma son should consider consulting a Texas lawyer with the full facts to try to determine grandma's best approach.

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