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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33904
Experience:  Began practicing law in 1992
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I have a question relating to my rights as POA holder for my

Customer Question

I have a question relating to my rights as POA holder for my mothers affairs.
JA: Can you tell me what state this is in? And just to clarify, what paperwork has been filed?
Customer: This is in California. I am trying to evict my brother from my mothers house. My mother has advanced dementia and will going to an Alzheimers care facility. My brother has been living at my mothers house for the past 8 years. He has been a burden to the family for a long time. He was suppose to pay for the monthly bills ( utilities, cable TV and light groceries) instead of paying rent. So far in the past 3 months the electidity has been shut off, the house land line was disconnected and the garbage collection was suspended all because of non payment. Nothing has been filed, I just want to know if I can get him out of the house and how do I go about doing tis.
JA: Has anything been filed or reported?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: My brother is 63 years old. He has bad credit.
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Expert:  Dwayne B. replied 1 year ago.

Yes, you can have your brother evicted from your mother's house although you will need to hire a lawyer, you won't be able to do it yourself.

Normally a person can handle evicting someone from their property but only an attorney can represent someone else in court and since the house belongs to your mother you have to have a lawyer handle the eviction. Being a Power of Attorney is not the same as being an attorney for court purposes.

Please ask any follow ups in this thread.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work. Of course, as I said above, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.