If I have Durable POA, can I evict a tenant without a lawyer?

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If I have Durable POA, can I evict a tenant without a lawyer?

I have Durable POA for my 85 year old mom who has had 2 minor strokes and has some minor dementia now. My brother and his wife live at her residence and have for the past 12 years. They were constantly late with rent or provided no rent. Now that she is not competent enough to ask for it they don’t give her anything,

taking advantage of her condition. The home is deteriorating and their living area is hoarder like. I live out of state and I have requested that they provide rent as they should. They have ignored the requests. My other brothers and sisters want them out also because moms taxes are in arrears now. The amount they were to pay per month would have satisfied the tax obligations. I can’t afford a lawyer. Can I use the DIY state forms as POA?

Asked on December 15, 2018 under Real Estate Law, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Unfortunately, you will need an attorney. The problem is, having a "power of attorney" does not make you an attorney, but only a lawyer can bring a lawsuit or legal action on behalf of anyone but him/herself--that is, nonlawyers can't bring legal actions for other people. Eviction in your state, like in most with which I am familiar, requires that a type of lawsuit called a "dispossess action" be filed to remove tenants if they won't go when you ask them to. Only an attorney can bring this legal action for another person; while you have a POA from your mother, you are not your mother. That means you can't represent her in court, but have to hire an attorney to do so.

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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption