Legal Question in Family Law in California

Power of Attorney able to evict non-paying tenant?

My mother had a stroke in August of 2007. In her will made in 2001 she appointed me as her power of attorney. The only problem is her Alcoholic drunken ''boyfriend'' that she has supported for 20 years. He has created problems constantly and just because my mom is sick, he has yet to stop his bantering with us or her. He now lives off her SS since she is no longer capable of working. He is basically in a house that does not belong to him, nor does he pay rent or bills. So-knowing there is no common law marriage in California unless you can prove the intent to spend the life together (which isn't the case here) do I have the right to serve him a 30-day notice or can I just kick him out? Under the law what rights do I have?


Asked on 3/16/09, 7:18 pm

1 Answer from Attorneys
Mark Russakow Russakow, Ryan and Johnson

Re: Power of Attorney able to evict non-paying tenant?

Is sounds like she needs a gaurdianship or conservatorship over her financial estate. At this point there is little you can do until you get appointed. I suggest a lawyer as this will be a difficult process.

Read more
Answered on 3/16/09, 7:39 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California