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.
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.
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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.
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