Can I be evicted by family?

Question

I have a verbal agreement with my great aunts nephew that I could move with her rent free until I could get on my feet.I moved in about 5 months ago and I just started working 3 weeks ago.I would just have to help take care of her(she has Alzheimer's and Dementia).Last month he got upset because my close platonic male friend was up in my room with me.Nothing was going on because I am g*y,but he doesn't know that.He is just assuming.A couple of days later he sent me a letter stating I have to move out in 30 days.He is not her power of attorney,he doesn't live in the house,and his name is not on the house.The house is in her and my uncle name(he passed away years ago).The 30 days is up and he is upset that I am still here.He now claims that he is going to take her to the court Monday and get them to make him her power of attorney.My theory is he just doesn't want to deal with her anymore so hes gonna put her in a home and probably sell her house she has been living in for about 50 years.What should I do and can I sue him for illegal eviction and harassment? How long is the process to get him to find her incompetent and become her power of attorney?

Answer 1

Are the 2 of you the only family she has?  No children of her own or siblings?  THEY should be the ones getting power of attorney.  If that's not possible then you & your Great Aunt are probably screwed.  As nephew to your great niece status he will be considered closer to her than you.  

Why not see if the court could appoint your aunt an advocate?  

Answer 2

you need a lawyer.

there are rules and procedures and laws that he must follow to evict you. if he doesnt follow the rules you cant be evicted.

Answer 3

What a family

Answer 4

I only see one real dilemma that you may have, and that is that you are living there on a verbal agreement only. However, if you have given him rent at all, and have some sort of proof that you are allowed to live there due to him taking your money, your receipts would become your contract: you pay, you live there.

And I hardly think that he has the power to evict you. Since when is it legal for a landlord to kick someone out based on their sexuality? That is discrimination in a very high form. I couldn't imagine that it would be possible for him to evict you based on this reason. And I don't even think you would need to tell him you're g*y. The fact he's trying to get you out based on merely an assumption of your sexuality is even worse! (I think).

Last point:

Do you get along well with any family members who have closer relations to your Great Aunt? Because I am willing to bet money on this statement - that a nephew of a person has very little chance of becoming someone's power of attorney. My guess is the children of your great aunt would be the most likely candidates for POA over a woman who's incapable of making her own decisions, and next would probably come her own siblings. Talk to someone who's more likely to get POA and let them call the shots for you poor old great aunt. Someone as distantly related as a nephew doesn't seem logically possible to be put in charge of making an old woman's decisions up for her..

Hope this helps. However, I suggest you also check with a lawyer on many of these points. It sounds like he doesn't own the place either, so I'd be surprised if he can even take possession of it. The kids of you great aunt would be her benefactors - would they not?

This relative of yours, in summary, doesn't seem very bright to me. I think he has a very slim chance, if any at all, of getting either you or your great aunt out of the house. Good luck!!!

Answer 5

He can decide for her because she's mentally incapable. 30 days is all the notice he has to give you. And since it was him that you originally made the agreement with, that just makes his case stronger. You might want to stop developing conspiracy theories and start developing a budget to get you out on your own. It doesn't take long at all for her doctor to sign a paper confirming she's incompetent.

Answer 6

If he doesn't live there, his name is no where on the house rental agreement or lease, he has no right to throw you out. You are there to take care of your great aunt, you have every right to be there. If you must, let him know that you're g*y, and tell him to keep his nose out of your business.

As for the legal stuff, you can't really sue him because he hasn't done anything other than harrass you. You can go to the police department and let them know your situation and they can give you a restraining order so he can't bother you anymore. The process for him to try and get power of attorney is a difficult one to get, and will most likely take a few months. During this time, I suggest you go and speak to a lawyer about what you can do about your situation. Keep all documents or make copies just incase you need them later on. Good luck.