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Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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An adult son living in s disabled Mom home with serious

Customer Question

An adult son living in his disabled Mom home with serious medical issues home dialysis being kicked out by his uncle who apparently has the power to make decisions for his sister is there any recourse does he have any right to stay in the home he needs to receive medical supplies at the address and all he has is a camper
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. Please tell me:

1) What state is this in?

2) Does the uncle have guardianship over mom, or, simply a Power of Attorney from mom?

3) Does mom have mental capacity at this time? Does she want him to continue staying on the property?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 1 year ago.
uncle has guardianship and power of attorney over mom
mom has dementia, apparently mom and uncle disagreed with son over firing caretaker of mom, who son thinks has been stealing, so they asked him to leave
Customer: replied 1 year ago.
uncle has given him 30 days to move out
Expert:  Ely replied 1 year ago.

Thank you. One last question - please:

1) Did mom grant the uncle this power of attorney before or after she was diagnosed with dementia?

2) Does the power of attorney say durable on it, or, not sure?