How can I evict a tenant who has dementia? - Landlord and Tenants Law Questions and Answers- LawQA.com

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How can I evict a tenant who has dementia?

It was a poorly and generally written life estate. My tenant now has dementia. She can't take care of the property. Her children refused to supply me with a power of attorney which might already be in place. I need to get her out.

Answer By George H. Shers

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Your question is very confusing. What life estate? How are you the owner? Her children can not give a power of attorney from her because it has to come from her and she is not of sound mind to give a power of attorney. If you are the owner and she is not paying rent then you give her a three day notice. If she owned the house and gave it to you reserving a life estate she is entitled to live there until she dies.

Answer Applies to: California
Replied: 4/1/2015

Answer By Jeffrey T. Reed

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It sounds like you need an attorney to look at all the paperwork to figure out what needs to be done. If there is a life estate involved it won't be a regular eviction especially if her children are fighting you! Is it through a trust or other property transfer? If the property is not being maintained you may have an opening to modify things to your advantage. You will probably need to go to court to get it changed though.

Answer Applies to: California
Replied: 4/1/2015

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