Q: No POA but my name is on my moms lease. She no longer has capacity, but mgmt changed locks & my moms keys don't work.
In Northern Calif. My name is on her lease for emergency, next of kin, and also it grants me access to her apt if & when needed. She gave me her keys. She has taken a turn for the worse. I need to clear out her apt, but mgmt won't let me in unless they get paperwork showing my mom can't sign new lease due to no capacity. She suffered sudden stroke & also has COVID. She is not doing well. Mgmt wont let me in her apt. They keep saying, "can she sign a new lease or sign to release the apt? I have told them repeatedly that she does not have capacity BUT I am her only next of kin and I make her medical decisions but not to sign anything on her behalf. I just want to clear her apt out. It will take me less than 5-hours. Mgmt says, no! What to do?
A: Best wishes to your mom. Start with getting a letter from her M.D. stating that she has suffered a stroke, is suffering from COVID and cannot make decisions for herself. They probably want to cover their asses rather than cause you grief. I assume that you do not have a Health Care POA. You should also give the LL notice IN WRITING, that you want to clear out your mother's things so that they can take back the property and re-let it. Keep copies of all written correspondence. Contact a local Tenant's rights or even an Elder Law attorney.
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