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  1. #1
    Join Date
    May 2012
    Posts
    2

    Default Live-in Caregiver No Longer Needed - How to Evict

    My question involves a person located in the state of: Missouri

    For the past 2 years, my retired aunt has been living with/caring for my ailing grandmother. She has paid no rent/utilities during this time, and, as far as I know, has never formally made it her "known" place of residence. Recently, she called my mother in a frantic rage claiming she could no longer take care of grandma and that she needed professional care in the form of a nursing home. We've made the arrangements to move grandma to a home and told the aunt that she could continue to stay at the home as we try to sell it, but that she would be expected to pay utilities while she does. At this point, she's all but refusing to do so, and although has no place else to live, expects to stay in the house for an undetermined amount of time without paying anything.

    My mother has soul power of attorney when it comes to the estate, so my question is, does she have any control over what my aunt does concerning the property? Can she be forced to pay for staying there? Can she be evicted?

    It's a sad enough situation without the family drama. Making the decision to move a family member out of the their home is a difficult one, but it's only made worse by unnecessary behavior.

    I appreciate any help anyone can give me. Thanks so much.

  2. #2
    Join Date
    May 2012
    Posts
    9

    Default Re: Live-in Caregiver No Longer Needed - How to Evict

    This sounds like a month-to-month tenancy that could be terminated be either party upon proper notice. Not sure about Missouri law, but in California, you could terminate a month-to-month tenancy by posting either a 30/60 day notice to terminate. At the end of the notice period, if the tenant still has not moved out of the house, then you can begin eviction proceedings in the court.

    As Power of Attorney, you Mom should have authority to act on behalf of your Grandmother. You'd want to review the Power of Attorney document to see what powers were granted to your Mom.

    You may want to browse here for more information:

    1. http://www.law.missouri.edu/whitman/.../eviction.html
    2. http://ago.mo.gov/publications/landlordtenant.pdf

  3. #3
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Live-in Caregiver No Longer Needed - How to Evict

    Did anyone bother to ask grandma what her wishes were? A POA is supposed to carry out the wishes of the issuer, not make these decisions themselves.

  4. #4
    Join Date
    May 2012
    Posts
    2

    Default Re: Live-in Caregiver No Longer Needed - How to Evict

    Thank you so much for your help. I really appreciate it. My mother will be in touch with my grandmother's attorney to find out the specifics of the situation.

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