North Richland Hills, TX asked in Family Law and Elder Law for Texas

Q: Can a family member whose power of attorney has been revoked evict a live in care giver?

The care giver has power of attorney. 24/7 care for almost 2 years.

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1 Lawyer Answer
Ross F. Tew
Ross F. Tew
  • Elder Law Lawyer
  • Arlington, TX
  • Licensed in Texas

A: Evicting a residential tenant requires authority. If the caregiver is living with your family member and was invited to do so by your family member or someone speaking for your family member, then the caregiver is a tenant at will and his or her tenancy can be ended by your family member or someone with authority to make decisions on behalf of your family member. Without getting into the details of why the caregiver should be evicted, whether the caregiver's POA is valid, or why your POA was revoked, the short answer is you likely need to be appointed as the guardian for the person under the caregiver's control. If you are acting as the guardian of the person and estate for your loved one, you would have authority to hire, fire, and evict any live-in caregiver consistent with terms of the caregiver's employment agreement. You must be represented by an attorney to be appointed as a guardian for a ward in Texas. At the very least you need to meet with an attorney to discuss your situation in more detail and determine what options you have to resolve the situation.

Tammy Lyn Wincott agrees with this answer

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