Can my grandmother’s POA evict me from her home?
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Can my grandmother’s POA evict me from her home?
I’m 44 year old male and live with my 94 year old grandmother. My retired 70 year old mother lives here. An uncle, who has POA, lives down the road. He
handles all the finances etc. Now, he has verbally given me 30 days to get out. At
the moment I have no vehicle or job. I look after things here and do what I can. I don’t do drugs or take pills. Although the reason I’m jobless and without a vehicle is because of a DUI accident. I currently have a year of probation left. Anyway, it’s not like there is any abuse going on here; I’m not an alcoholic or anything Now my
grandmother (we think) has dementia. In just the past few years she has started accusing me of tying her shoes in knots, making marks on her walls and going in her room and doing things/taking things. etc. She calls my uncle and tells him all these things. He believes her and not me. My mother believes me and knows this. This is a money issue. We’ve determined along time ago that my uncle and his wife are trying to get us out of the picture so they can take all and put us out. My mother gets SS but it’s not enough for even her to leave. My grandmother always favored this uncle before any of the others. This wouldn’t be this way if my grandfather was alive. However, my uncle is just looking for an excuse and doesn’t believe anything that my mother or I say. If he tries to have me evicted through the court, how can I stop this or at least delay it. If I’m forced to leave, this is going to be very stressful and not good for my mother.
Asked on February 21, 2017 under Estate Planning, North Carolina
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
A POA grants the agent (i.e. your uncle) certain powers. So long as he is acting within the scope of the rights given him in the instrument, then yes he can have you removed from your grandmother's property. That having been said, he will first need to follow the steps for a legal eviction (or ejectment if that's the applicable remedy).
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