I have POA. I've been told that I can not represent my dad in court for eviction of tenants in his house. Is this true? My dad is not able to transfer from wheelchair to a car, also a hoyer is need to get him from the bed to his wheelchair. When he is in his chair he can only sit for 30 minutes tops before he starts hurting.
SO...If I can't represent him on court, How do I get this done?
Or who can do it? Thanks in advance.
"I am caring for my father Lynn, who is 69 years old, living in my home …"
Your introductory posts states "...dad … in his house."
You'll need to clarify this when you speak with law enforcement. If this is your house, you may need to provide documentation, as they're not going to evict someone w/o verifying ownership.
If it is in fact your father's house, the same issue would likely apply. Ask when you call the Sheriff's office.
It is then required separately that the eviction be enforced, the court does not do this.
Does your county have a pro bono eviction office? If so, contact it and ask if it could help you. I think though that primarily the pro bono staff represent those who are being evicted, as they can't afford their own attorneys.
There is one possibility I can think of. You would probably need an attorney to file "Next Friend" papers, getting you appointed as a Next Friend of your father. This is not a DIY project. I've seen this most often when a parent represents an injured, deceased or compromised child. I haven't worked on many cases with Next Friend plaintiffs, and I don't remember if anyone represented a parent.
As Barb advises, you do need to get an attorney involved. Search for attorneys who handle "landlord/tenant" issues; they'll be the category most likely familiar with evictions.
You might want to check the court rules for the county and state in which you would plan to execute the eviction, just to acquaint yourself with mandatory procedures. Most likely, these would be the defining guidelines.
As to the Court Clerk, that might depend on the level of the Court, the County or other issues. In my experience, they can advise what might be done in terms of filing papers (such as when Motions are filed w/o adequate accompanying documents), but I don't believe they're obligated to give legal advice. Nor can you rely on them b/c that's the job of attorneys.
The best route that I've seen for evictions in my area is the Sheriff's Office, or perhaps local police depending on whether or not there are jurisdictional boundaries. Are you aware that interested parties (i.e., you) cannot serve the eviction papers yourself? So you'd have to hire someone anyway, and a law enforcement officer is safer and more used to handling unwilling tenants than a private investigator (who also can serve) would be.
I recall one eviction on which I worked. The attorney who was involved shared the experience with us back in the office, and despite understanding the reason for eviction, I was saddened by the whole experience. The Sheriff (or LEO, I don't recall which), entered the home, removed all the possessions of the individual being evicted, and placed them on the lawn. It was up to that individual to remove and find a new home for the possessions.
However, when someone's living rent free in a home, or other issues are in play, evictions may be necessary.
Call your local Sheriff's office and ask how to handle an eviction of a relative from a parent's house. You may in fact need to get an eviction order, but law enforcement can advise you as to your particular county better than we can.
His attorney appeared before the judge on his behalf. Then there was a phone-in conference.
It is common for someone else to be able to file the documents with the court, no appearance is necessary at that time.
If and when the time comes for plaintiff/defendant to make a required appearance, the attorney can request a phone appearance, or a zoom-like appearance.
How does your brother fit in this by making trouble? Are you trying to evict him? This has been addressed on the forum, so others will have answers for you. Each state has different requirements, as well as the differences in small claims courts and Superior Courts.
Try entering "evicting brother" in the search icon above. We try to help, and so many are struggling with evictions being put on hold since March 2020, and continuing. Here is one thread: "Neversettle1 Asked August 2016
Can my brother be evicted from Mother's property?"
There are attorneys specializing in evictions. Or, are you trying to do this by yourself in small claims court?
I had to hire an attorney to get sister evicted. Only afterwards was I able to sell the home. Mom is now 93 and living in a very good skilled nursing facility.
You just have to accept the reality that you will have to hire an attorney. Yes, it is very stressful.
You need a lawyer to represent your dad.. you can hire a lawyer and act on dad's behalf.
The court clerk made a copy of the POA when I filed for a court date and didn't seem at all concerned that I was doing this on my dads behalf.
I thought I was making progress. My Brother is dragging this out by playing games. He knows I'm struggling. (or at least he used to.) I cry almost everyday that my own brother is making this so much more difficult for me. As if I weren't struggling enough. I could go into detail of the games he's playing, but, I want to keep my posts short. Thank you guys for being here and being so helpful.
I appreciate the kindness.