Can an adult child who does not have POA, have the authority to evict someone fromtheir mother’s residence without permission?

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Can an adult child who does not have POA, have the authority to evict someone fromtheir mother’s residence without permission?

I have permission to live in my grandmother’s home, and am currently in the middle of drawing up some sort of contract or lease with my uncle who has power of attorney. She moved out a month ago and the electric is about to be switched to my name, etc. Can my aunt who lives 2000 miles away actually evict me from the residence when she has no power of attorney and I have permission from the owner and my uncle to live here? I was served papers today but I have a feeling that she misrepresented herself to the lawyer because she’s conniving.

Asked on August 8, 2011 Wisconsin


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

No, one adult (including a child) has NO authority over the property--and hence over the renters in that property--of another adult unless:

1) She has a POA (either a general one, or one for that purpose);

2) Even if not a POA, she has some other agreement from the owner giving her the requisite authority--e.g. your grandmother appointed her the "manager" for that property;

3) The owner has been declared incompetent, and the one seeking to exercise authority is appointed her guardian;

4) The one trying to evict you does have some ownership or possessory rights of her own (e.g. was given a life estate)

But merely being a child does not give one power or authority.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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