I've been living with a lady from my old church for 5 years taking care of her personal and health needs. The pastor has power over her assets and now wants to evict me cause I know too much of what he is doing. We build a relationship and she's like my mom. She is 75 years old. The pastor convince her to sign papers stating this and she never asked me to go. She signed a document for me stating that I lived and took care of her in her home for 5 years. He's stating in the petition that I'm to pay attorney fee 3000 and to pay 300.00 after the termination of tenancy. She is in right frame of my and a dialysis patient 3 times a week with Chronic kidney disease. Can he do this to me? He claims he has power of attorney but yet his name is not on Civil court papers and his wife name is on her bank account as power of attorney. The management company has no idea what's going on. He has the papers with her name as ifthis is what she wants. He has her brainwashed. They deal with all her financial issues. I didn't pay rent because I have been here taking care of her and he has not. I did pay rent for 14 month because of being afraid of being put out in amount of $7,200 which went to her. I pay my own bills and my concern is that if the courts say I have to leave hypothetically speaking, what happens to her and her well being. Leslie. Thank you for your time. Help!! I'm may be put on the street. I have no where to go. Please help me.

Aside from right and wrong we need some facts.
Where is this?
What 'petition?'
Were you given notice to vacate before the eviction papers were given or sent to you?
Did you have a lease when you were paying rent, and why did you stop?
Who arranged that you stay with her?
More than one person can have POA, and there are various kinds of POA, so the pastor's wife can have banking POA, etc. Do you have a copy of the POA?

Joypulv
I'm located in Brooklyn, NY. I received vacate order on March 20, 2013. I received a Notice of Petition Holdover on April 9 2013. No I did not have a lease when I paid rent. I have receipts. I stopped paying because he wanted me to take care of her while I was living here, and I didn't think it was fair that I pay rent and look after her for something he should have been doing. I brought food and paired my own cable and phone while residing here. I have all receipts. The arrangement far as me living here was I ask her can I stay here she say its OK. The pastor came and agreed with it because I would be looking after her well being. That was the verbal agreement. He stopped working and began to harass me about paying rent. POA I visually saw a paper her in the house when I first moved in. That's what made me a little suspicious because Mom is in her right mind and is capable of making decisions. He made that's clear when I receive this petition with her name on it and not a POA no where on this petition. It seems to me that he is just looking for money, cause if there was a real problem he would have done something before. I buy all her food and look after her everyday. I truly appreciate your time and advice concerning this matter. Leslie.

Is she able to go to court? If so, you bring her to the eviction hearing and have her tell the court she does not want you evicted. At the sae time she can revoke any existing poer of attorney.

But the crux of this is whether they can prove they have her POA. If they do and she doesn't revoke it, then they can evict you. If she revokes they can't do anything.

Yes she is capable of going to court. I will take her to court with me. So what happens if they don't have POA? What if she goes to court and don't have any idea of these papers against me? If those who have POA should be on these papers as well?

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He's stating in the petition that I'm to pay attorney fee 3000 and to pay 300.00 after the termination of tenancy.

She is in right frame of my...

Can he do this to me? He claims he has power of attorney but yet his name is not on Civil court papers

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I received vacate order on March 20, 2013. I received a Notice of Petition Holdover on April 9 2013

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So you are saying that she is suing you to evict you?

The fact that the pastor may have a POA is immaterial. The court papers have been filed by her, as I understand what you are saying. Assuming this pastor is not an attorney at law, his role is also beside-the-point. You have written that she in her "right frame of mine (sic)". I assume you mean "mind".

If she has given you due notice of the eviction, she can get you evicted.

Don't tell anyone you are taking her to court.
New York is a very tenant friendly city. You are a tenant, even if you stopped paying rent in exchange for caretaking. Bring copies of anything you can possibly think of to bring, and make a list of dates each event happened.
Let the court worry about them not having the right POA. You know at least the wife has banking POA and the pastor might have other POAs, so don't get your hopes up about that.
Tell her about the papers before you take her to court.
Your best option is getting her to tell the court she doesn't want you out and wants her own powers back. The court might agree, they might not, or they might tell her to prove that she has given someone else POA in 2 weeks, etc.
When is the court date?

Yes she is in her right mind. I just think she was pushed into having this paper sign cause she never verbally asked me to move. Before these paper she told me she want me to stay and she signed a document stating the length of time I stayed here and her care. What about the management company and decision? Do they have any say so in this situation? I have been living here for 5 years. Do I have any rights in this matter and what can prevent me from being put out on the streets?

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Originally Posted by joypulv

Don't tell anyone you are taking her to court.
New York is a very tenant friendly city. You are a tenant, even if you stopped paying rent in exchange for caretaking. Bring copies of anything you can possibly think of to bring, and make a list of dates each event happened.
Let the court worry about them not having the right POA. You know at least the wife has banking POA and the pastor might have other POAs, so don't get your hopes up about that.
Tell her about the papers before you take her to court.
Your best option is getting her to tell the court she doesn't want you out and wants her own powers back. The court might agree, they might not, or they might tell her to prove that she has given someone else POA in 2 weeks, etc.
When is the court date?

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the court date is Friday April 19, 2013

The management company takes their orders from the owner or her representative.

I agree with Joy. Don't worry about the POA. Just worry about her coming to the court without letting anyone know in advance. If she says she doesn't want you out, that reverses anything she previously signed.

[QUOTE=joypulv;3442810]Aside from right and wrong we need some facts.
Where is this?
What 'petition?'
Were you given notice to vacate before the eviction papers were given or sent to you?
Did you have a lease when you were paying rent, and why did you stop?
Who arranged that you stay with her?
More than one person can have POA, and there are various kinds of POA, so the pastor's wife can have banking POA, etc. Do you have a copy of the POA?
I just want to say thank you for all your advice on my case. I went to court on Friday and I took my mom with me and the lawyer was truly upset. He apologize to me and my mom and the case was dismissed. My mom told them she knew nothing of these papers and she didn't want me out. Thank you. What do I do from here to shut him down? Her family is coming up soon.

Yay! Have her revoke any powers of attorney she has previously issued. Make sure she informs all her banks and other managers of her investments.

Last word we got, the hearing was last Friday.

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Originally Posted by ScottGem

Yay! Have her revoke any powers of attorney she has previously issued. Make sure she informs all her banks and other managers of her investments.

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. Yes indeed. How should she handle revoking the POA?

Just write a letter revoking it.the power of attorney, and for court the women appears and say she did not allow this to happen.

A POA does not give him rights to do anything the other person wishes

I would start with the banking POA. Take her to the bank in person to revoke it, because they will probably require it, or a notarized copy revoking it if someone can't get to the bank.
The bank might have a copy of a standard one page checklist of different POAs and you can find out what others there are. My dad's bank had a copy.

Joypulv
You have been the angel God has sent to help me. I really appreciate all you and the others have done to give me advice. The family is coming and they will take care if the bank and POA. I would like to shake all of the hands that gave me a reply. Thank you so much and I will keep you abreast of the outcome. Blessings. Blulez.

Hearing good news is a blessing too, and it was nice of you to come back.