Legal Question in Real Estate Law in Tennessee

Power of Attorney

My older sister has POA over my mom and dad. Right now they are in felling health but they still have a good mind and do not need supervised companions. My sisters daughter has been living with my mom and dad for about 4 months, there was never a problem until my other sister and her husband came there to live because they were kicked out of his mothers and than his sisters house. Now my older sister told my niece that she had to get out so my other sister can have the bedroom. She is doing this because my sister that is living there is not working and if shes there than the one that has the POA doesn't have to do so much. I'm worried because my sister staying there and her husband are close to 50 year old and are druggies. I know several people that are after my brother-in-law over drug deals and I worry about what might happen to my parents. My question is can my sister tell my niece to get out?


Asked on 9/29/04, 8:46 am

1 Answer from Attorneys
Dr. Michael A. S. Guth Tennessee Attorney at Law Assists Pro Se (without a lawyer) Parties

Re: Power of Attorney

It is difficult to answer your question without seeing the content of the POA. Is it a complete and full power of attorney, or a limited one? In theory, the POA would give your older sister the right to make decisions for your parents, including who lives in their house. However, it sounds like your parents are being victimized. This is a perfect case for Adult Protective Services of the Tenn. Dept. of Human Services. As soon as you file a complaint with them, they will swoop down on your parents' home and investigate. If they can substantiate any of the drug allegations against your sister or brother in law, then DHS will aggressively go into court for you and seek a restraining order to get your sister and her husband out of that house. They will also seek to appoint a guardian, so you need to be careful that you are appointed guardian and not some lawyer who will bleed your parents' bank account with his or her excessive legal fees. Your first step is to contact the Adult Protective Services unit by calling the Tenn. Dept. of Human Services. Next, you will need to document the alleged drug problem, so that it is not all hearsay.

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Answered on 9/29/04, 11:00 am


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