Q: My brother moved in with our mother to help take care of her 17mths ago. He didn’t have to pay any bills, grocery’s or maintenance in this time-period. She’s now in a nursing home. He said he can no longer care for her. Now he refuses to pay rent or help with the bills for the nursing home. He is living in our mother’s home and driving her car. He verbally said he would pay $500 monthly. I supplied him with deposit slips for this money to go directly into our mothers account to help pay for the nursing home. Can I evict him being I have power of attorney over our mothers estate? (Penn Hills, PA)
A: If your mother is mentally competent and wants your brother to stay in her home and drive her car, that is her decision, not yours. If she is incompetent, you can act in her best interest, if your POA complies with state law and permits you to manage her real estate. If so, you may have to evict him through court since he has been living there so long. You would start this process at a District Justice office. If your mother is receiving funding such as Medicaid, rental payments to her may disqualify her. I would review all the details with an attorney.