Zaleski, OH – A World War II Veteran, 92-year-old John J. Potter, is facing eviction from the home he’s lived in for nearly 60 years – one he built himself.
Potter’s daughter, Janice Cottrill, owns the home now. Along with her husband, Ramon Dean Cottrill, Janice is in the process of ousting the nonagenarian – terminating the man’s existing lease.
Janice had been granted power-of-attorney by her father and used the document to transfer the home’s deed into her name. This can be done without having to pay for the dwelling itself and gives her legal rights to both place a loan against the home and force Potter from it if she wishes.
The Cottrill’s served Potter an eviction notice back in January. Potter initially fought the eviction in court in February and lost. A follow-up hearing to review the matter is set for June 26.
Thankfully, Potter has an ally in this awkward family fight, his granddaughter, Janice’s 35-year-old daughter, Jaclyn Franley.
Jaclyn went public with her grandfather’s disheartening predicament, starting a fundraiser on GoFundMe.com in hopes of raising enough money to repurchase the house. The charitable response was incredible as the two managed to raise nearly $140,000 in donations.
A market appraisal conducted on the home shows its value at $47,000 plus a tract of land worth $2,830. Potter offered his daughter the fair market value of the property through an attorney, but received a counter-offer instead for about $85,000 plus roughly $15,500 for court and attorney fees, reports ABC News.
Reluctantly, Potter made a second offer of $60,005.23 on June 13.
Unfortunately, Janice and her husband have rejected both offers and adamantly refuse to sell the home back to Potter. They did not return with a counter-offer.
The vet simply wants to spend the rest of his life in the home he built, but there is obvious animosity between the father and daughter. The exact details are not known.
The power-of-attorney has since been transferred to Potter’s granddaughter.
Jaclyn and Potter have posted a statement on GoFundMe.com/GrandpaJohnJPotter:
“Everyone is welcome to come to the eviction hearing on Wednesday, June 26th at 1pm at the Vinton County Courthouse in McArthur, Ohio. Please come and stand with Grandpa and let him see and feel your love and support on what will be one of his darkest days.”
If you are considering a power-of-attorney, there are some provisions that can be specifically outlined to prohibit a loved one from accessing bank accounts or transferring property into their own name (including homes and vehicles) unless it is deemed the person the document is drafter for is no longer medically capable of making financial decisions – requiring a competency evaluation.
How do you feel about a daughter evicting her elderly father from his own home? Should Potter be permitted to stay? Do you think Potter’s offer to buy the home for market value is more than fair?
[Image via Facebook]