Can my aunt tell me that I have to leave my home, which is my grandfather’s house?

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Can my aunt tell me that I have to leave my home, which is my grandfather’s house?

My aunt is power of attorney of my grandfather who is in the hospital. She’s trying to prove him as

incompetent and trying to sell his house while he’s in the hospital. I live at the house and I’ve lived here almost all my life; she does not live here. She hasn’t served me with eviction papers or anything but she tells me that I have to leave. Can she do that?

Asked on March 18, 2019 under Real Estate Law, Nebraska

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Yes, she can. If she has a power of attorney (assuming it is the standard or typical one that broadly covers all of the of the affairs of the person giving it), she has the same right over the property as your grandfather has. Just as he could tell you to leave and bring a court action to remove you if your refused to go (since unless you are a rent-paying tenant who is paying for the right to reside there, no one has the right to live in another's home against their will), so, too, can she, as his attorney-in-fact or agent (those are the terms for the person given power by a POA) require you to leave. She can do in regards to the home what he could do. That you lived there is irrelevant: being allowed to stay in the past does not give you the right to stay once the property owner or his agent decides you have to go. Similarly, it does not matter that she does not live there: you do not need to live in property to control it.


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