Legal Question in Family Law in Kansas

My mom remarried when I was 4 and has been with my stepdad every since...he never officially adopted me or my sister. My mother is now in a nursing home and he still lives in the house where me and my older sister all grew up in. Me and my sister have durable power of attorney to make decisions for her because her health is so bad. We wanted to go in the house to get some remaining items that are ours and go through our mom's clothes and my step dad has changed the locks and will not let us in unless he is there. He is saying that we are breaking and entering if we go in without him being there. I would like to know legally can he keep us out of the house that we grew up in and have possessions that belong to us there without him being there.


Asked on 8/14/13, 8:52 am

1 Answer from Attorneys
Anthony Smith LawSmith

To minimize the chance for misunderstandings, you need to have police officer escort you when you go to get things. If he will. Your dpoa for medical decisions probably doesn't give you authority to go into the house alone.

Good luck

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Answered on 8/14/13, 9:02 am


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