Legal Question in Legal Ethics in Virginia
What legal rights does my client have? I work with an adult client (age 32) who has a cognitive disability, depression and anxiety. She lives with her elderly mother (age 81) who has Dementia in a two-bedroom apartment. They have a housing voucher to reduce the rent for them. A sister that resides out of state has been there for two months and has refused to leave. My client has asked her to go and the sister starts an argument. My client advised the apartment office; they supplied a notice for the guest to leave within 21 days or they face eviction. In retaliation, the sister and another sister called Adult Protective Service with a neglect complaint against my client. The APS worker told me that in talking with the mother, she wants the client to leave the residence. However, the mother told me that she just wants the client to stay home more often and not to leave. I believe the sisters are tricking the mother. My client has a cognitive disability and is only on SSDI income. Her whole check is turned over to one of those sisters who is her representative payee and the power of attorney over the mother. I am concerned that they are taking actions to evict my client. What can my client do?
1 Answer from Attorneys
It would seem advisable in the situation you've described for you to seek a consultation with
an elder law attorney who practices in the courthouse where any unlawful detainer
motions are likely to be filed to evict your client.
This attorney may have some useful suggestions regarding the possibility of changing the representative payee as well as the POA.and, perhaps, also in requesting that a G.A.L. be appointed by the court to assist in representing your client in any eviction proceedings that may be initiated by these sisters.
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