Unlawful Detainer Assistance

Summary

In Virginia, landlords can file an unlawful detainer if rent is not paid or lease terms are violated. If your mother is mentally incompetent, a guardian ad litem or someone with power of attorney can represent her in court.

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Unlawful detainer
What state are you in, ****? This will help me provide the most accurate information regarding unlawful detainer laws in your location.
Virginia
What is the reason for the unlawful detainer? This will help me provide more specific information. In Virginia, landlords can file an unlawful detainer if rent is not paid or lease terms are violated.
Non payment of rent
In Virginia, if rent is not paid:

- Landlord can issue a *-day pay or quit notice.
- If not resolved, landlord can file an Unlawful Detainer action in court.

Nearest court: Fairfax County General District Court, * Chain Bridge Rd, Fairfax, VA *.
My mother is also facing the lawsuit and she's on social security disability and has no assets. She's in hospice and is primarily bedridden. Is there a way to get her excused from court?
Is your mother mentally competent to understand the proceedings? In some cases, a guardian ad litem can represent her in court.
Sometimes she's able to complete sentences but not always
Does your mother have a legal guardian or someone with power of attorney who can represent her interests? In Virginia, a guardian ad litem or a person with power of attorney can represent someone who is not mentally competent in court.
Yes I have medical power of attorney
Do you have a durable power of attorney for your mother? Medical power of attorney may not cover legal representation.
I'm not sure
A durable power of attorney allows you to make legal decisions on your mother's behalf. You should check your documents or consult with a lawyer to confirm.
I'm still researching. Thanks. Now in regards to getting a durable power of attorney, once the paperwork is signed is that all that's required
Have you had the document notarized after signing it?

General Information:
- In most states, a durable power of attorney must be notarized.
- If you're in California, contact the Superior Court of California for more information: (*) *-*.
No
In most states, notarization is a requirement for a durable power of attorney to be legally binding. Please consider getting it notarized.
After I do that she shouldn't have to appear in court
That's correct. Once a durable power of attorney is notarized, the person granting the power typically doesn't need to appear in court.
What should be included in regards to the durable POA paperwork for not having to appear in court
The durable POA should include:

- The grantor's and attorney-in-fact's details
- The powers granted
- The duration of the POA
- Signature of the grantor and a notary public.
What if there's no attorney
If there's no attorney, a trusted individual can be appointed as an attorney-in-fact. They will have the legal authority to act on your behalf.