A daughter is evicting her 91-year-old father from the very home that he built 56 years ago.
John Potter, a World War II veteran and retired train dispatcher had built his home in Zaleski, Ohio, over five decades ago. According to Yahoo!, he and his wife had granted the general power of attorney to their daughter Janice Cottrill in 2004 for future matters if their health declined, including looking after their autistic brother, who is now 63 years old.
Potter's wife had since died, but Cottrill reportedly used the power of attorney given to her by her parents to transfer the deed to the home to herself. When he found out about the deed transfer, he switched power of attorney to his granddaughter, Jaclyn Fraley, 35, in 2010.
Potter had sued to get his home back, saying that he his daughter transferred the deed to herself illegally as individuals with the power of attorney cannot transfer assets that they oversee to themselves. However, despite winning the case, an appeals court ruled that the limit of four years had passed on the accusation of fraud, which means that the deed may not be passed back to Potter.
Potter's daughter and husband reportedly sent an eviction notice to him earlier this year. The notice stated that Cottrill had terminated Potter's "existing lease." An eviction hearing is set to take place June 12 where the judge may rule to evict Potter from his home.
"I just cannot believe my daughter would ever do anything like that to me," said Potter, according to Yahoo!
Lorene Johnston, Cottrill's attorney, sald: "The case is currently pending in the Vinton County Court and we will let the court decide the issues." Cottrill did not comment.
Potter's granddaughter Fraley moved from San Diego to Ohio to be closer to her grandfather. She said Cottrill and her husband tried to place Potter in a nursing home and that things have not been pleasant between her mother and stepfather.
Fraley started a campaign on GoFundMe.com to keep her grandfather in his home. She said her mother will allow her grandfather to stay in the home if they can raise enough money to buy it.
So far, $127,045 has been raised with the generosity of donors, which is $2045 beyond the goal of $125,000.
Fraley wrote on the fundraising site:
"I just woke up to our goal being reached! Dreams really only do come true when you wake up! I can't wait to call Grandpa later this morning and share the news.
"Thank you all! Those words seem so shallow compared to what I feel. All of your hearts reaching out to him is such an amazing gift.
"We love you all!
"Thank you!!!!!!"
Fraley said she hoped to give her father his home back for his his 92nd birthday on May 23.
