If my husband, son and I have lived with my grandmother for the past 2 years, can my mother really evict us just because she is durable POA?

She pays all of the bills and buys all of the food. We do not pay anything. We live here but are not tenants. I have physical and mental disabilities. My mother is my grandma’s Durable POA and she is threatening to evict us because I won’t let her talk to my son because she is an abusive alcoholic. My grandma is not bright but she is not mentally incompetent and she says that she wants us here and she doesn’t want my mother to do anything.

Asked on September 29, 2015 under Real Estate Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, if your grandmother is mentally competent, than your mother cannot evict you against your grandmother's wishes a person's attorney-in-fact or agent the person given power by a power of attorney or POA cannot override the wishes of that person, so long as that person is mentally competent. If your grandmother does not want you out, you do not have to leave. However, if your grandmother does not want conflict with her daughter and goes along with your mother, then yes, your mother would have the authority to evict you. In order for you to stay, your grandmother needs to be willing to stand up to your mother.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.