Ordinary power of attorney

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  • Lawcruncher
    replied
    An ordinary power of attorney, whether general or specific, is really no more than an authority to sign documents on behalf of the donor of the power. As between donor and attorney the attorney is only authorised to do what the donor tells him he can do. Someone dealing with an attorney is however not put on enquiry as to what the attorney is authorised to do except to the extent of reading the power of attorney.

    A lasting power of attorney gives the attorney power to make decisions for the donor.

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  • AndrewDod
    replied
    Is your mother fully of sound mind and mentally healthy now? If not, the time scale is infinite and it is too late (you will need to get courts involved).

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  • Mr A S
    replied
    Thank you for the quick uptake & your insight
    Yes I fully intend to have a professional draw up the document

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  • Lawcruncher
    replied
    Originally posted by Mr A S View Post
    How long does it take to set up an ordinary power of attorney..
    No more that five minutes. A general power of attorney form is very short. You can find it here: http://www.legislation.gov.uk/ukpga/1971/27/schedule/1 It needs to be executed as a deed

    Originally posted by Mr A S View Post
    The purpose is just for me to take care & be responsible for one piece of my mothers business.
    If you want the power to be expressed to be for one purpose only (as opposed to using a general power for one purpose only) you probably need to get it professionally drawn up to make sure it covers everything.

    Whether the power is general or specific it takes effect as soon as executed. Registration is not required.

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  • Mr A S
    replied
    My mother owns the property but subject to a life interest in favor of my late fathers business P and she owns a 50% shareholding in a company with my late fathers business partner also. That company still is operational in the building, but the lease has expired.
    My parents have already lost out on a piece of property to this man & my mother is vulnerable
    We have a mechanism that could solve the company & the life interest the problem is he wants a lease and he wants to negotiate a lease while the life interest is in the building
    but we would just want to solve the current situation and put our own business into the building he is not as interested in prolonging the situation if he is not dealing with our mother
    So maybe an ordinary power of attorney.

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  • jpkeates
    replied
    Mr A S,

    Who owns the property?
    Why would anyone be able to "occupy" it without permission?

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  • Mr A S
    replied
    everyone is local

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  • Mr A S
    replied
    Okay
    Can I create a Deed of trust to prevent a particular individual occupy my Mothers commercial property & that i her son would be notified.
    I don't have a legal interest in this property.
    Long story My parents lost out to a piece of property already with a man & my father has died from a serious case of dementia since.
    Does the landlord need to be the owner?
    Could it be possible to be given the power to act in this particular instance,
    Previously I had a complete Power of attorney of my late father
    However that was almost 2 years ago

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  • jpkeates
    replied
    Last time I was involved in a financial power of attorney it took about 3 weeks.
    Most of the elapsed time was getting the right people together to sign things, mostly the solicitor.

    If everyone is local, it could be done in a shorter period of time,

    Leave a comment:


  • Mr A S
    started a topic Ordinary power of attorney

    Ordinary power of attorney

    Hi,
    How long does it take to set up an ordinary power of attorney.
    I know an enduring power attorney takes 12 months in my experience.
    The purpose is just for me to take care & be responsible for one piece of my mothers business.

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