Legal Question in Real Estate Law in California

It sounds like all these decisions are for your mother to make, just because she is living in a nursing home does not mean she is no longer competent.

A simple POA may not vest you as a real party in interest with regards to the property and you may very well face a defense that you are not an appropriate party to bring an eviction. You should insure that your POA grants rights to enforce her property interests or simply have your mother bring the complaint.

An eviction process is, however the appropriate remedy. Turning off the utilities is a form of self help, which is normally abhorred. Get the eviction started immediately, and definitely serve a prejudgment claim of right of possession to the residence. This will insure that all parties currently staying in the house must make themselves a party to the complaint or be included in all evictions.

White clearly doesn't understand that this is a POA question. Sanchez I agree with the first part and disagree with the second. You need to look to the powers granted to make sure you have authority to act regarding the property in the manner you propose. If you do, then I disagree with Sanchez. The people there are squatters, not tenants. No rent has ever been paid, so they have not acquired tenant rights. IF you have the authority under the POA, give the kid reasonable notice that the utilities are going off and then have the police remove the other squatters.

I agree with Mr. McCormick, in that eviction is for tenants. Based on your post, it appears that they are not paying rent. It is the payment of rent to the landlord that creates a tenancy. It sounds as though they are squatters, and may have to be removed through what is known as a forcible entry and detainer lawsuit.

I suggest having this reviewed by an attorney. The attorney will also have to review the power of attorney, to determine who has standing to bring the lawsuit.