If I havePOA over my grandmother since her son is abusive, couldI put him out of her house?

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If I havePOA over my grandmother since her son is abusive, couldI put him out of her house?

My 91 year-old grandmother was abused by her son. He got out of jail for murder in 06 and since then he has stolen her money and didn’t pay any of her taxes. She now lives with me.

Asked on December 30, 2010 under Real Estate Law, Illinois

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

She is very fortunate to have you around to help her.  If you have a General Power of Attorney for all legal purposes then you can probably do what you want.  But I would instead suggest that you apply to be the conservator of your Grandmother and her Estate and then that law gives you much greater power and control, although your Uncle may indeed fight you on it all.  Is your Grandmother of sound mind?  Then go and seek help from an attorney and ask about having a restraining order put in place that would keep him away from her and from her home.  That could be another avenue for immediate help while you get everything else in place.  Good luck to you.


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