Mom is in home, brother is in jail, brother lived with mom, I’m power of attorney?

March 6, 2010 by admin · 1 Comment
Filed under: Law Enforcement & Police 
home storage
Mister-B asked:


What do I do to remove brother’s property from house so it can be put up for sale ?
house has to be up for sale before medicaid will start paying. brother is in jail at least 2 more months. can his property be removed and put in some kind of storage ? It is a lot better than sitting in an empty house, just waiting to be broken into and then destroy everything there. thanks,

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Comments

One Response to “Mom is in home, brother is in jail, brother lived with mom, I’m power of attorney?”
  1. DaFatCat says:

    First if the house is your brothers, and he holds the deed to the property, he has to sign a durable power of attorney document before you can handle anything.

    Second, it is up to you if you want to store or sell his items if you are the power of attorney. If you are not the power of attorney and you do anything you can be sued for the tort of trespass to chattel (civil court) and possibly arrested for theft by conversion (criminal court / felony).

    Do the right thing: get it in writing first. DaFatCat

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