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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 89698
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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I am writing for my mom, who has been in the hospital for 5

Customer Question

I am writing for my mom, who has been in the hospital for 5 weeks. Her live in boyfriend of 20 years was just hospitalized as well after breaking his hip and hitting his head and he is completely out of it now. HIS son, who has POW over his dad, had the locks changed on their home and I can no longer go there to get things for my mom. Hence, he locked my mom out of her own house. What type of legal action can we take? Do we call the police? She needs things from home occastionally, right now we need some medical files from the house for insurance.
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 2 years ago.
He has not locked your mom out, he has locked you out of the house. If you have power of attorney for your mom, then you have grounds to file a motion in court for an illegal eviction if the house belongs to the boyfriend. If the house is in your mom's name, then you have a right to call the police and have the boyfriend's son arrested for trespassing and you can get a locksmith to enter the house for you.

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Customer: replied 2 years ago.
Her boyfriend is POA but now he's out of it. She's been meaning to change POA to me for a long time but hasn't done it. She just has a broken leg but her mind is perfect. Can she call the police from the hospital and direct them to let me in?
Expert:  Law Educator, Esq. replied 2 years ago.
So, she can give you a new PoA as well if her mind is healthy. Then you can call the police for entry. However, again, it depends on the ownership of the house and whose name the house is in. If the house is in the boyfriend's name, you would have to go to court for an expedited hearing for entry based on the unlawful eviction, since the police will not force him to let you into the house if her name is XXXXX XXXXX the lease. The police may try to convince him to allow you in to get the items you need, but ultimately it is a civil matter and if he refuses you have to go to court.
Customer: replied 2 years ago.
Long story short, this home (of only 3 years) is only owned by him b/c she was not working at the time that they bought it. Their 2 previous homes (the 17 years prior) that they owned were in both of their names. It's a very ugly situation and I can't believe his family is doing this to her. They are treating her like some sort of criminal, it doesn't make any sense.
Expert:  Law Educator, Esq. replied 2 years ago.
If his name is XXXXX XXXXX one on the house, you are going to have to sue to get entry if his PoA will not allow you to go get your mom's things.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 89698
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Law Educator, Esq. and other Criminal Law Specialists are ready to help you
Customer: replied 2 years ago.
What means does she have to give me POA since she is in the hospital and can't go to an attorney's office?
Expert:  Law Educator, Esq. replied 2 years ago.
You can get social services in the hospital to assist you with the PoA and you can also get an attorney who will actually go to the hospital for her to sign.

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