I have a friend whose daughter is in jail. Her daughter owns a home and her girlfriend is staying there off and on. My friend is her daughter's power of attorney and wants to get her daughter's stuff out of the house. Her daughter's friend won't give them the keys or let them in. How do they go about this?
Add your voice! Click below to answer. ThriftyFun is powered by your wisdom!
I strongly suggest that your friend hire an attorney experienced in her daughter's legal problems and POAs. A POA addresses only medical and legal issues regarding the daughter, not access to the home, etc. A letter from your friend's attorney will have much more meaning than a demand from your friend. The attorney can have the friend removed from the house, and any other legal and criminal actions needed.
First, have your friend call law enforcement and have her explain (succinctly and not emotionally!) that the house is her daughter's, the things are her daughter's, but there is a tenant that won't let her in. She'd like the police to go with her and help her gain access to the house.
If for some reason this doesn't work, she should hire a locksmith, explaining the house is hers (close enough) but a tenant has locked her out. If she and the locksmith encounter any trouble at that point they can call the police then and it's unlikely that they'll be ignored. It would be best, though, if they could go in when the roommate is at work or otherwise occupied.
If she has POA, she can exercise control over her daughter's real estate. If the friend doesn't have a lease, she is only a guest. Your friend can tell her she will file a criminal violation for trespass.
If your friend (mother?) has full power of attorney, and the daughter really owns the house (who is making mortgage payments?) then she may be able to ask for assistance from the local police as I do know this can be done in Florida.
With full POA the mother can request assistance unless the girlfriend has a legal right to be there (signed lease maybe) as the one holding the POA can actually sell the house and everything in it.
Maybe a trip to the local police department would tell her for sure what she can do - or what she cannot do.
Then she can decide if she should see an attorney.
Attorney !!!!.... get your power of attorney papers and get a lawyer.... should be no problem
The only answer sadly is to get a lawyer. I had a friend who recently went through something similar and it took a year of court hearings, eviction notices, etc. to finally get this free-loader out of a house that he lived in with his friend, but there was no lease and he never paid rent.
Sounds like it is time for law enforcement. If they can't help then hire an attorney
I have reread this question and I really agree with most responders - get an attorney.
But:
What action does the daughter want the mother to take?
I'm just asking these questions as not everyone can afford an attorney's fees. Some different ways could be pursued before that point is reached and if possible, may not have to be done.
Maybe letting the person know ahead of time that you will be pursuing the matter further - even legally - and maybe something can be worked out without a legal battle (that the daughter may not want to happen).
Add your voice! Click below to answer. ThriftyFun is powered by your wisdom!
