Can a POA evict someone?
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Can a POA evict someone?
I recently became my father’s Power of Attorney and to my knowledge he has no Will at this time. My adult brother is currently living with my dad. If I need to exercise my POA or if my dad should die, how easy will it be to evict my brother from my dad’s home?
Asked on February 23, 2012 under Estate Planning, Indiana
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Understand that you are placing yourself in the middle of what could be an ugly fmily scene. And you also have to understand that you are acting as attorney in fact on behalf of your Father and puportedly on behalf of him and his wishes. Please do not impose your own feelings in there as it is a breach of your duty. You could as POA seek to evict him if it can beestablished as a tenancy or a squatter situation. Now, the POA dies with your Father so it will not be valid should he pass away. You would have to be appointed as the personal representative of his estate in order to evict him. Good luck.
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