If I have Durable POA, can I evict a tenant without a lawyer?
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If I have Durable POA, can I evict a tenant without a lawyer?
I have Durable POA for my 85 year old mom who has had 2 minor strokes and has some minor dementia now. My brother and his wife live at her residence and have for the past 12 years. They were constantly late with rent or provided no rent. Now that she is not competent enough to ask for it they don’t give her anything,
taking advantage of her condition. The home is deteriorating and their living area is hoarder like. I live out of state and I have requested that they provide rent as they should. They have ignored the requests. My other brothers and sisters want them out also because moms taxes are in arrears now. The amount they were to pay per month would have satisfied the tax obligations. I can’t afford a lawyer. Can I use the DIY state forms as POA?
Asked on December 15, 2018 under Real Estate Law, Georgia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Unfortunately, you will need an attorney. The problem is, having a "power of attorney" does not make you an attorney, but only a lawyer can bring a lawsuit or legal action on behalf of anyone but him/herself--that is, nonlawyers can't bring legal actions for other people. Eviction in your state, like in most with which I am familiar, requires that a type of lawsuit called a "dispossess action" be filed to remove tenants if they won't go when you ask them to. Only an attorney can bring this legal action for another person; while you have a POA from your mother, you are not your mother. That means you can't represent her in court, but have to hire an attorney to do so.
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