My girlfriend moved into my parents' house 3 years ago to take care of them. Can my sister evict us?

Do your parents have access to their bank accounts and assets, and are they still managing financial affairs for themselves? If the answer to this is "yes" then the POA does not become active unless such time comes when they are mentally unable to. They can also change who they have as a POA. No, your sister cannot evict you and your girlfriend from the house if your parents do not want you to leave. They still own their property. Your brother even though his name is on the deed to the house cannot evict you either unless your parents are in agreement to it. What do your parents think about your sister taking the $9,000? You do know that as the POA, she has to answer for why she took that money. Visit your local probate court where you live. They will help you out and tell you how to go about applying for conservatorship over your parents (which is different than a POA, it is above it) and many times when there is evidence of financial abuse on the part of the POA, the court will appoint a conservatorship and they try to find family willing to do it. You are already your parents' caregiver and live with them so it likely will be you. Talk to your local probate court.

Power of attorney is NOT OVER anyone. It is for someone after becoming incapacitated. POA is to act in person's best interest and as that person would do.

Yes my sister has durable power of attorney over my older brother, he used to be in the Navy but medically discharged due to his mental state , before I came in the picture my sister had durable power of attorney our mother only, not my stepdad , my half sister had power of attorney of my stepdad , she asked us to move in after she had protection services come and have my sister leave the house before I came I didn’t know the whole story but we accepted my girlfriend and kids moved in and , she as power attorney over my mother she wanted my mother and stepdad to sell another property and the money used to repair the current house. My stepdad who is 92 didn’t want to sign she yelled in his face , I got upset and from there she was mad at us and allowed some of the money to be used the amount was 13,000.00 she first took 2,500.00 and little to me for repairs there was actually almost 9,000.00 left she got mad at us and closed my moms account and we don’t know what happened to the money and after a year she’s back trying to evict us and get power of attorney over my mother and stepdad, their are other children I have 3 step siblings and 3 biological siblings it’s a mess we have fought for years to keep things in the home peaceful for parents now their care is 24 hours i now have durable power of attorney over both parents and was ok wit other siblings

Is brother on the deed because he helped them buy the house? Or was he always disabled and they did it so he would always have a home?

Is he on Medicaid for his care? If so, the house does not count as an asset. So she does not need the house to sell for his care. Parents are the residents and allowed to stay and have caregivers. To me the problem is the brothers if he has never resided there as an adult for a period of time.

How does the deed read? Do parents have a Will? How does it read concerning the house? It all comes down to why is brother on the deed. Maybe there is something in writing saying the parents stay there until their deaths at which time brother inherits. Meaning the house cannot be sold out from under them.

Since you have DPOA for both parents, what your sister wanted has no bearing. Your parents have assigned you to make decisions for them when they can't. She can say what ever she wants, but you are doing the caring. I think there is something else going on here. She has already taken 9k, which by the way could effect parents receiving Medicaid within the next 5 years if recent. As POA for brother, she maybe trying to get what she can for herself thru him. Which is illegal.

I think you will eventually need a lawyer even for just a consult. Tell dear sister that she will need to evict you because this is your primary residence. There will be a court hearing and thats when you bring up that your parents are on the deed and that you are their Caregivers. Doubt if the judge will favor ur sister.

That 9k, how did sister get to their accts if you have DPOA. If she is on any of their accounts, see what u need to do to remove her. I would also tell the lawyer about this.

She can’t just evict you. Not only are you tenants but your parents own the home (along with your brother) and it appears you have their permission to live in the house. She doesn’t have the ability to sell the house. She cannot sell the house because of your parents-they own the home too. The only thing she could possibly do, if the POA she has FOR your brother allows her to sell his real estate, is take you/your parents to court to force a partition sale.

One important issue is that you and your GF apparently established residence under law by moving in.    You would have to be evicted, if my understanding of residential laws is correct and this is standard in states.    That is something you should check out.   A local Sheriff's department might be the entity to conduct the eviction, so they would likely be able to tell you what the time framework is for your state.  

It would generally be the responsibility of those holding title to the property to initiate eviction, but depending on your parents' status and mental competence, you might have authority to do that given that you have a DPOA.   Whether your sister does is a question of competence of your brother, as well as concurrence of the other title holders.   The former issue hasn't yet been addressed. 

I.e., she may be able to act on behalf of your brother in eviction and sale, but from what you wrote, she doesn't have authority to act on your parents' behalf.  

What exactly is it that you haven't done that your sister wanted?    If this is the crux of the issue, is there a possible resolution?  Have you discussed the issue?

What documentation do you have that your sister stole $9K from your parents' bank account?   Had she been granted power of attorney through a properly executed POA or DPOA?   

BTW, POA doesn't grant power "over" someone; the proxy serves as a fiduciary, not an overlord.   That's not meant to be sarcastic, but a lot of people don't understand that being proxy is a service to someone and is subject to limitations and performing the services properly.

As to your brother, is he incapacitated in some way and needs oversight?  

There's another issue with the fact that your brother is apparently part owner but not responsible for mortgage payments.   Was his name added after the mortgage was enacted?  

This is indeed a tangled web.   More information could help with answers, but my first thought is to attempt to resolve the issues with your sister.

Factor in CountryMouse's observations as well, and you have some guidelines by which to consider options.

Aren't dysfunctional families just the best?! 😕We really need more information to help.

Woah woah woah.

Older brother whom your parents have made a co-owner of the house, and for whom your sister has Durable Power of Attorney?

So older brother is a vulnerable adult and your sister is acting for him - why? Where does he live?

It *sounds* as though your parents intentionally made provision for your older brother by establishing his share of the value of their house. So presumably now he needs the money, and that is why your sister wants to sell the house. But what is the plan for your parents' ongoing care and living arrangements? Is your DPOA for them already in effect?

When you say sister wants to kick you and primary caregiver girlfriend out of the house because you didn't do what she wanted: what did she want you to do?