Miami, FL asked in Contracts, Estate Planning, Family Law and Real Estate Law for Florida

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.

1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
  • Estate Planning Lawyer
  • Freeeport, FL
  • Licensed in Florida

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.

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