Q: My wife and I don’t know what to do. My mother is in a living facility brother is POA we are being forced of the home
My wife and I we were caregivers for my mother and father. My father passed away, and my mother now lives in an assisted living home. My brother, the power of attorney has allegedly sold the house or told me and my wife that the house is sold. We’ve been given one week to move out, we were told we would be receiving $65,000 and that they would be getting us a extended stay until we receive the money and we could get a place of our own. We don’t know what to do. God help us.
A:
In California, if your brother, as the power of attorney (POA) for your mother, has sold the house where you are living, it’s important to understand your rights in this situation. First, ensure that the POA was properly exercised in selling the house. The POA must act in the best interest of your mother, the principal, and within the scope of the authority granted by the POA document.
You should verify the sale of the house and the terms of the sale, including your alleged entitlement to $65,000. Request documentation regarding the sale and the promise of financial compensation.
As for the eviction, California law requires proper notice before you can be forced to move out. Typically, a 60-day notice is required if you have lived there for more than a year. One week’s notice is not in compliance with California tenant law.
If you are unsure about the legality of the actions taken by your brother or about your rights in this situation, it is advisable to consult with an attorney. They can provide guidance specific to your case, help you understand your legal options, and ensure that your rights are protected.
Dealing with family and legal matters can be complex and emotional. It's important to address these issues promptly and seek professional advice to navigate this difficult situation. Remember, you have legal rights and options available to you.
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