can we try and evict her and how?

[LovelyLady8415]

Jurisdiction

Virginia

A family member came in and got a POA on our grandmother who (has Dementia and is now in hospice) and wont leave her property and says this is her house now and wont let her son (last son alive who she was leaving everything to) come to stay with her for her last days here on her own property she has also sold property and went and got access to her bank with the POA

How can we get her out of my grandmothers house and have my grandmother enjoy her last days with her son at home and have everything go back to the son

please help!!!

 

[Zigner]

I'm sorry, but no. You have no standing to evict this person.

 

[LovelyLady8415]

wow even though she just got a POA and grandma has had Dementia for a year and grandma doesn't remember signing anything. does her last son alive have any right here?

 

[Zigner]

As I said, you have no standing to evict. If grandma is incompetent, then the POA is likely no longer valid. If she is incompetent, then you can seek guardianship/consveratorship. www.courts.state.va.us/courtadmin/aoc/cip/programs/gal/adult/guardian_conserv_proceedings.pdf

You will want the assistance of an attorney. Best of luck to you.

 

[army judge]

How can we get her out of my grandmothers house and have my grandmother enjoy her last days with her son at home and have everything go back to the son

May I suggest to you that there can be no WE, as there is only a HE, the elderly woman's surviving son.

You can advise the son to hire a lawyer so that the son can be named GUARDIAN of his infirm mother.

Once he becomes guardian, the son can move to evict the trespasser.

If you do anything other than what I have suggested, I suspect you'll be thwarted at each and every turn bu the cagey, clever, trespasser.

 

[Zigner]

May I suggest to you that there can be no WE, as there is only a HE, the elderly woman's surviving son.

You can advise the son to hire a lawyer so that the son can be named GUARDIAN of his infirm mother.

Once he becomes guardian, the son can move to evict the trespasser.

If you do anything other than what I have suggested, I suspect you'll be thwarted at each and every turn bu the cagey, clever, trespasser.

The OP can also attempt to become guardian/conservator. Additionally, the petitioner doesn't have to be the person who will be appointed as the conservator/guardian
From the link I posted previously:

1. WHO QUALIFIES AS A GUARDIAN/CONSERVATOR?
   
   
   Any person may file a petition for the appointment of a guardian, conservator, or both. The person filing a petition (petitioner) does not necessarily have to be the person who will be appointed guardian or conservator.

In other words, our OP can certainly petition for the son (or himself/herself) to be appointed. Heck, s/he could ask that s/he be appointed guardian and the son conservator, or vice versa.