Carmichael, CA asked in Elder Law for California

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?

Related Topics:
1 Lawyer Answer
Maurice Mandel II
Maurice Mandel II
  • Newport Beach, CA
  • Licensed in California

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.

Justia disclaimers below, incorporated herein.

1 user found this answer helpful

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.