Legal Question in Family Law in Pennsylvania
Can she kick her out?
My aunt has been living with my grandmother because now she needs 24 hr. care. (her sister wants to put grandma in a home but my grandma wants to die in her home, the sister is to be executor of my grandmas estate.) She has been living there for about 5 yrs. And now grandma is back in the hospital, and the sister is kicking my aunt out of the house and is going to close up the house because she plans on grandma not coming home and wants her in a home. The ? is ''Does my aunt have any rights? Does her sister have a right to kick her out?
1 Answer from Attorneys
Re: Can she kick her out?
Who holds title to the house? Assuming it is your grandmother, subject to any leases, she decides who lives there. Do you think grandma is mentally competent? If not, was your great aunt made her guardian and/or her designee under a power of attorney? If no power of attorney exists, and assuming no one was appointed by the court as her legal guardian, you should probably seek the advise of an attorney. I suggest that you might want to investigate the possibility of having your aunt appointed as her legal guardian. If grandma is still competent, she can grant your aunt a power of attorney. If she already granted your great aunt a power of attorney, then as long as she is still competent, she can probably revoke it.
You should schedule a formal consultation with a� lawyer.� A good means of obtaining an attorney referral is by contacting your State's bar association or your local county bar association.��� They probably have a web site and charge a nominal fee for the referral.� Most attorneys either provide a free initial consultation, or charge a nominal fee.
Good Luck.-Elliot Goldstein (I also have an office in Tampa 727/804-3609 or 813/758-1862)
The above information is provided as a courtesy, without any consideration and without knowledge of the specific facts.� Do not rely on this information. Seek a formal consultation with an attorney.