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    maryelizabeth's Avatar
    maryelizabeth Posts: 1, Reputation: 1
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    #1

    Jul 24, 2011, 02:35 PM
    How to kick sister out of mom's house
    My sister has been living in my mother's home in CA (rent free) for about 3 years. During that time my mother was living with her boyfriend in another county. Recently, my mother started having health problems. I flew into CA last week (from TX) to help her and moved her back into her home and hired an aide to help her. I told my sister that she and her dog had to leave because of mom's condition. No matter what I say, she doesn't take me seriously and has no intention on getting out. I am nervous that her partying behavior and inconsideration will make my mom's condition worse. My mother is passive and ill and will not address the issue. Since I was given durable power of attorney, can I do anything to make her leave?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Jul 24, 2011, 02:47 PM

    Yes, if you have POA, you can act on your mother's behalf. So give your sister a 30 day written notice to vacate. If you refuses, then you go to Housing court for an eviction order.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Jul 24, 2011, 03:22 PM
    Quote Originally Posted by ScottGem View Post
    Yes, if you have POA, you can act on your mother's behalf. So give your sister a 30 day written notice to vacate. If you refuses, then you go to Housing court for an eviction order.
    Except Mom can simply over-rule your attempt to exercise your POA. She could, for example, go to court and tell the judge
    "Never mind. I don't want her kicked out."

    So you may need to go to court and petition that you be appointed your mom's conservator (or perhaps California calls it "guardian").
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #4

    Jul 24, 2011, 05:04 PM
    How practical is this, given that you may have to stay in CA for quite some time to finalize the eviction?
    Given that your mother didn't care enough to live in her own house before, maybe she'd be willing to sell the house and move her closer to you.
    Also, as a parent gets more ill, requirements change constantly. You may find that you soon need two people, just to lift and move her, or take the night shift. Someone who can't move herself in bed is supposed to be moved/turned every two hours, etc. By that stage it's cheaper to be in an extended care place.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    Jul 24, 2011, 05:29 PM

    If you using a POA tell or given sister a written notice to move, all she has to do is go to the mom and say, mom do I have to leave, if mom says no, you letter has no value.

    A POA can not do something against the wishes of mom.
    So mom has to stand firm and agree with you.
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