What are my rights to my mother’s home if she is committed?

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What are my rights to my mother’s home if she is committed?

My husband, 3 children and I live in my mother’s home, which is in her name. It’s a possibility that I may have to petition to have her treated in a psychiatric facility for drugdependency and borderline personality disorder, at least from what her doctors have told me. If she were committed as such, would that allow the state to kick us out of her home and take it for themselves. She has a living Will that states that if anything happens to her, the house would come to me. I’m not sure if that extends to possibly being declared unable to take care of herself.

Asked on December 30, 2011 under Real Estate Law, West Virginia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Does your mother have a power of attorney in place? If she does, then the attorney in fact designated in the document would have the legal ability to conduct business for your mother assuming she is unable to do so herself.

If there is no power of attorney for your mother and she is committed, I see no reason why you and your family cannot continue to remain in the house you are writing about. The state would not be able to legally evict you from the home you are occupying if your mother is institutionalized based upon what you have written.

I recommend that you consult with a Wills and trust attorney about your situation in order to determine if your mother is competent to sign a power of attorney designating some person such as you as her attorney in fact.


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