Eviction Process How to evict a relative that is causing distress?

[VonAuk]

Jurisdiction

Vermont

I'm a 63 year old caregiver for my elderly mother. About 7 months ago my 29 year old second cousin had no place to live so I let him live with myself and my mother because I felt bad for him. He has been sleeping in my living room on the couch which has become his room and I feel trapped in my bedroom (it's a small house).

These past 7 months have been very stressful because of his entitled attitude. He is also controlling, wants everything done in the house his way, etc.

He has been working for the past couple of months and I have asked him for rent money and he was shocked that I asked him. To date he has never paid me rent or contributed to any of the household expenses.

There has been on-going arguments which add more stress to myself and my mother and we can not peacefully enjoy our home.

Being that there was never a lease and he never paid rent how do I go about evicting him? Thanks.

 

[Zigner]

I'm a 63 year old caregiver for my elderly mother. About 7 months ago my 29 year old second cousin had no place to live so I let him live with myself and my mother because I felt bad for him.

These past 7 months have been horrible as he is spoiled, feels entitled, etc. He is controlling, wants everything done in the house his way, etc.

He has been working for the past couple of months and I have asked him for rent money and he was shocked that I asked him. He never paid me rent or contributes to any of the household expenses.

There was another incident between the 2 of us which caused arguing and much stress to myself and my mother. It's time for him to go. Being that there was never a lease and he never paid rent how do I go about evicting him? Thanks.

Is it your house? If not, then you had no business inviting him to live in the house without the approval of your mother. Do you have guardianship/conservatorship over your mother. I suspect not. Your mother should speak to an attorney, as you cannot represent your mother in legal matters.

 

[VonAuk]

It's my mother's house and I have financial and medical POA because my Mom has alzheimer's/dementia. My Mother can not speak to an attorney due to this.

My mother said to me yesterday that he should move out because of all the trouble he is causing. My cousin speaks very loud and my mother overhears him and gets very upset.

 

[Zigner]

It's my mother's house and I have financial and medical POA because my Mom has alzheimer's/dementia. My Mother can not speak to an attorney due to this.

My mother said to me yesterday that he should move out because of all the trouble he is causing. My cousin speaks very loud and my mother overhears him and gets very upset.

Who has been paying the bills for this cousin?

 

[VonAuk]

My 92 year old Aunt who is his grandmother who also has been living with us for 1-1/2 years and my Aunt also doesn't pay any rent or contribute to any of the household expenses even though I asked her to.

 

[Zigner]

My 92 year old Aunt who is his grandmother who also has been living with us for 1-1/2 years and my Aunt also doesn't pay any rent or contribute to any of the household expenses even though I asked her to.

It sounds to me like you have been failing in your fiduciary duties.

 

[VonAuk]

How have I been failing in my fiduciary duties? I don't understand. I would like to learn how to evict my cousin because he is causing me and my mother emotional distress.

 

[army judge]

My 92 year old Aunt who is his grandmother who also has been living with us for 1-1/2 years and my Aunt also doesn't pay any rent or contribute to any of the household expenses even though I asked her to.

You can ask her anything you desire.
You can DEMAND that she pay you rent.
She is well within her rights to IGNORE you.

You have no legal standing to demand or ask that anyone pay rent for staying in your mother's home.

If you wish to acquire legal standing to speak for your mother, you'll need to obtain guardianship over her.

Your POAs are useless, because no entity can be compelled to honor them.

All entities are compelled to honor the guardianship, should you seek one.

Should you believe your mother requires a guardian because she is being abused, neglected, financially exploited, or otherwise unable to attend to her affairs because she suffers from medical ailment or malady you should contact Vermont's Adult Protective Services at 1-800-564-1612.

You can then commence the process to become her legal guardian, by filing a Petition for Involuntary Guardianship form with the probate division.

You can learn about the process:

Adult Guardianships | Vermont Judiciary

Guardianship of an Adult Burlington Vermont Lawyer Attorney Law Firm

You can also speak with an attorney to assist you, if the state is unable to help you complete the process.

If you become her legal guardian, you can then represent her property interests, her financial interests, even her medical interests.

Good luck.

 

[Zigner]

How have I been failing in my fiduciary duties? I don't understand. I would like to learn how to evict my cousin because he is causing me and my mother emotional distress.

Because, as POA, you have a certain responsibility to act appropriately. You have failed to do so, instead, you have allowed your mom's house to become a flop-house for these downtrodden distant relatives.

 

[Zigner]

Should you believe your mother requires a guardian because she is being abused, neglected, financially exploited, or otherwise unable to attend to her affairs because she suffers from medical ailment or malady you should contact Vermont's Adult Protective Services at 1-800-564-1612.
Good luck.

I am of the opinion that the OP, while perhaps well intentioned, is one of the folks exploiting the mother.

 

[VonAuk]

Partially you are correct (my mom loves having her sister here as they play cards together, talk about old times, etc.). The problems started when I let my cousin move in. My mother is very well taken care of by me and is not aware of all the problems I have stated here.

 

[army judge]

The problems started when I let my cousin move in.

Allowing your cousin to move in was overstepping your authority.

You possess no legal authority over your mother's property.

You have no lawful ability to invite guests to live in your mother's home.

Inviting the cousin to live in your mother's home is an example of what @Zigner cited.

You and your aunt are but guests in your mother's home.

 

[zddoodah]

Being that there was never a lease and he never paid rent how do I go about evicting him?

The lack of a written lease is largely irrelevant. You evict him as any landlord would evict any tenant. You can't get any sort of step-by-step guide on an internet message board. I suggest you contact a local landlord-tenant attorney or google something like "how to evict a tenant in Vermont." Especially because of your status as attorney-in-fact under a POA, this is NOT a good DIY project.

 

[Zigner]

The lack of a written lease is largely irrelevant. You evict him as any landlord would evict any tenant. You can't get any sort of step-by-step guide on an internet message board. I suggest you contact a local landlord-tenant attorney or google something like "how to evict a tenant in Vermont." Especially because of your status as attorney-in-fact under a POA, this is NOT a good DIY project.

Based on what the OP has told us, even the POA doesn't allow for the OP to bring in occupants on mom's behalf.

 

[zddoodah]

Based on what the OP has told us, even the POA doesn't allow for the OP to bring in occupants on mom's behalf.

The OP wrote, "I have financial and medical POA because my Mom has alzheimer's/dementia." I do not see any further description by the OP as to what the POA does or doesn't authorize him/her to do.

 

[Zigner]

The OP wrote, "I have financial and medical POA because my Mom has alzheimer's/dementia." I do not see any further description by the OP as to what the POA does or doesn't authorize him/her to do.

Interestingly, I choose to interpret the statement as listing all of the powers that the OP has. In other words, if the OP had other powers, the OP would have mentioned it.

 

[VonAuk]

The lack of a written lease is largely irrelevant. You evict him as any landlord would evict any tenant. You can't get any sort of step-by-step guide on an internet message board. I suggest you contact a local landlord-tenant attorney or google something like "how to evict a tenant in Vermont." Especially because of your status as attorney-in-fact under a POA, this is NOT a good DIY project.

I contacted an attorney (waiting to hear back) but after doing some research I can not evict due to the COVID-19 Virus. Thanks for your respectful and thoughtful response.

 

[VonAuk]

The OP wrote, "I have financial and medical POA because my Mom has alzheimer's/dementia." I do not see any further description by the OP as to what the POA does or doesn't authorize him/her to do.

You are correct, I do have other powers after reading the POA. I can evict legally. Thanks again for thinking outside of the box and being fair.

 

[Zigner]

You are correct, I do have other powers after reading the POA. I can evict legally. Thanks again for thinking outside of the box and being fair.

Yep - the other adviser was correct in assuming that you would leave out important information.

EDIT: To be clear, a POA does not allow you to represent your mother in legal matters.

 

[VonAuk]

Yep - the other adviser was correct in assuming that you would leave out important information.

EDIT: To be clear, a POA does not allow you to represent your mother in legal matters.

I represented my mother at the closing of her property after it was sold. I signed all the papers and my mother was not present. Isn't that a legal matter?