Canton, IL asked in Family Law, Real Estate Law and Landlord - Tenant for Illinois

Q: My uncle has power of attorney for my grandma. I rent a home from her. She's alive and of sound mind. Can he kick me out

He has told me I have 30 days to get out but she says to stay and that I'm not being evicted. He claims he as the ability because he is her Power of Attorney. He has also tried, as her medical power of attorney, to force her into a nursing home against her will but he found out that he cannot do that. I'm just not sure whether he has the ability to force me out as Power of Attorney for Property.

2 Lawyer Answers
Vincent Anthony Incopero
Vincent Anthony Incopero
Answered
  • Elmhurst, IL
  • Licensed in Illinois

A: You will have to see the POA and read the language of the POA to determine under what circumstances it becomes active. POA's are freely revocable (can be cancelled by your Grandma). Without knowing more, I'd say the power to proceed with the forcible (eviction) is 50/50.

Your Grandma is free to revoke the power and as the owner of the Property, she needs to sign the kick out notice (5/10/30 day). Worst case scenario, proceedings are filed to evict, have Grandma personally appear in court stating that she did not authorize uncle to file and ask that the matter be dismissed.

See if Grandma has a copy of the POA. Look for a technicality that could invalidate, ie that the POA was not properly witnessed by someone other than your uncle, wasn't signed by Grandma or notarized.

Mazyar M. Hedayat Esq.
Mazyar M. Hedayat Esq.
Answered
  • Romeoville, IL
  • Licensed in Illinois

A: You ask if your uncle, who has your grandmother's PoA, can evict you from her property, which you currently rent. The Short Answer is "Yes." That is what a Power of Attorney is for - it relieves the grantor (your grandmother) of the responsibility to manage certain tasks in favor of the grantee (your uncle) - who must act in a fashion consistent with the best-interest of the grantor. In short, your uncle is your grandmother's fiduciary: if he believes that having you live in the subject property is not in the best interest of your grandmother (i.e. she could rent it to someone else or sell it more easily without you there) then he can - and should - evict you. But that is a whole process. It is not just a matter of telling you to "get out" and you depart voluntarily.

I recommend you speak with a competent Attorney in your area in order to protect yourself. I hope this information was helpful. Best of luck.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.