Can I fight my grandpa’s power of attorney about evicting me from his home?

UPDATED: Sep 30, 2022

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Can I fight my grandpa’s power of attorney about evicting me from his home?

My aunt tricked my GPA and put him in a nursing home. He owns his house and has a lot of money in savings. Now she claims she’s doing what she directed to do. By who I don’t know cause he planned on dying in his house and I living here until then. She has not liked me here since day one. But he got free care and I have a home. Now she is trying to evict me. Not what he wanted. Days prior he refused to kick me out and wasn’t going to any home. She invited him to lunch and never brought him home. She is acting on her wishes not his.

Asked on November 29, 2016 under Estate Planning, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If your aunt has authority under a power of attorney (the "power of attorney" is the document; your aunt, receiving power under it, is the "attorney-in-fact" or "agent"), then she has the legal authority to evict you. (Assuming this is a relatively standard power of attorney, which wojld give her the authority to act in regards to his property as he could, so since he could evict you, she can, too.) You could potentially try to challenge the POA and show that it is invalid by showing that she is acting in her own interest and/or against his interests, since the agent has to act for her principal's benefit (your grandfather, who granted her the power, is the principal). But it's not enough to show that she "despises" you--that is irrelevant. If there is some reasonable reason for her to remove you from his home--for example, to avoid effectively paying to support someone living there rent free, who no longer is neccessary to take care of your grandfather, since he does not live there anymore; to prepare the house to be be sold or rented out; etc.--you are unlikely to win. Only if you can essentially show that this action is bad for your grandfather and against what is good for him can you expect to have a chance to overturn the POA. In addition, such a legal action is complex and you'd likely need an attorney to help you--which means you'd have to pay for a lawyer, and do so when it is far from guaranteed that you'd win.

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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