Q: Does a successor agent of a durable POA have rights to serve me with unlawful detainer, original agent is still serving?
My aunt who is successor agent only is trying to steal my home I've lived in since 1993 that my grandmother owns against my grandmother's wishes but unfortunately she has Alzheimer's and my aunt is doing this out of greed with malicious reasons as well as she's very envious of me she has been harassing me for years. She's made several attempts before to steal my house by poisoning my grandmother against me at one point but this is the first time she's took it to court and forged my grandmother's name. I was expecting the court to throw this out but however have been surprised when the judge said she has power of attorney that he'll probably rule for me to move out unless I get an attorney or overturn it. so he set.another court date. However, I just pulled up the POA on public records, finding out that she is only the successor and if I'm reading correctly she only can step in and do things if the original POA my mother is unable to perform or step down which she has not, still POA.
A: If "the judge said [that your aunt] has power of attorney [and that the judge will] probably rule for [you] to move out ...", you should point that out to the judge, obviously.
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.