Mom had massive stroke need 24/7 custodial care so moved to an expensive board and care home. She 100% supported daughter last 12 years her home. Home in need of massive repairs to make sellable if needed. Bank accounts will not last if mom does.
Daughter refuses to leave home and will not cooperate in cleaning up house. I have POA but she refuses to evan talk to me. Neighbors are concerned but loved mom so much putting up with eyesore.
Problem is mom won't kick her out and treats daughter like a child (she is 57). Has worked in the past but now thinks can just stay in house forever for free. I am paying utilities etc to be legal but she wastes electricity ridiculously.
Now found out building a small shed that looks like a house in back yard and vagabond type people frequent property. Afraid wants to rent out "mini house". has never asked permission or informed what/who is happening. Refused entry to me to inspect. She may be mentally unstable but refuses seek help. She seems to enjoy being a victim and blames everything on me (bad guy for cutting access moms bank account and some stupid childhood antics).
Paralyzed mom and I don't like and in theory mom agrees she must "grow up" but I fear mom will cave in she cries and I don't want to continually chase dead end solution without tough love being enforced.
Does anyone have experience in such matters? We live in Los Angeles.
Good Luck!!
Springing POAs become effective only when grantor becomes incompetent. OP needs to review hers carefully (I would recommend she have lawyer look at it, draft new one if needed and possible) before action taken against sister.
https://www.legalzoom.com/articles/power-of-attorney-requirements-in-california
step one. You must notify her in writing (not a phone call, not a text message....but good old fashion paper and ink. It must specify the date she is expected to be moved out. This is very State specific. In New York...it is one full calendar month...so (for example, today you would have to notify her to be moved by May 1st. You could not give Hera date of April 1, You could not count the month of March because the first day has already passed). In cAlifornia I think it is either 60 or 90 days. In Florida it is 2 weeks.
in writing you must specify the date she must be out. This is done with a “nail and mail”. Meaning you must post this notice on her door (bring a witness) and mail it through the post office. (Keep a copy).
if she is still there the day after she was required to be moved out.....you go to the county court house. Housing court. You file for a “writ of possession”. (In English: eviction). The cause is “illegal holdover”. I would pay the court officer (marshal or sheriff) to deliver this court notice...makes it simple to prove it was properly done.
then..if she is still not moved out by the court date...go to the court house. Do not be late. Do not leave until the judge renders a decision. The tenant can be really really late...and the case will still be heard, but...if you are late (or not present when it is called by the clerk) the case is dismissed.
go to this website to look up your exact State landlord tenant law. https://www.thelpa.com/lpa/lllaw.html. It is not difficult to understand, it is not difficult to do. I would not pay for a lawyer unless...1) after some investigation of the law I decided I just could not understand it, or 2) I really have no time to deal it with. The lawyer is typically going to cost a couple thousand dollars...provide she doesn’t show up in court....then the hourly billing is about $600 per hours for the lawyer to be in court)
good luck