Legal Question in Disability Law in California

What rights does my mom have to stay in her home if step daughter has power of attorney and medical over my mom's husband? He is currently unable to make any decisions. My mom is not on the deed to home.

Can the step daughter enter the home or shut off all the utilities?


Asked on 5/24/11, 9:13 am

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

Bryan Whipple gave a very thorough response to the same question; look under his name for very recent answers. In short, a spouse can not evict another from their home, whether or not they are on the deed/owner; a POA only allows the person to do what the person giving it is likely to be willing to do. once the person is not mentally competent the general power of attorney because void.

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Answered on 5/27/11, 8:49 am


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