Ordinary power of attorney

[Mr A]

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.

 

[Alyson Dyer]

You cannot make an Enduring Power of Attorney (EPA) anymore, they were replaced by Lasting Powers of Attorney (LPA) in 2007, however an EPA made before that date is still valid. LPAs take 10-12 weeks to get registered once the documents are submitted to the Office of the Public Guardian.
A general power of attorney covering a specific issue is much quicker and are valid once signed and witnessed. It is only valid whilst the donor has mental capacity. A local solicitor would be able to draw a GPA up quite swiftly.

 

[Alyson Dyer]

Reading your other thread, if your mother lacks capacity she will be unable to enact a general power of attorney.

 

[The Byre]

The purpose is just for me to take care & be responsible for one piece of my mothers business.

Then it is not an ordinary or general but a special power of attorney giving you the power to deal with just that one specific task.

 

[Mr D]

Would it not be easier to discuss your concerns with the court of protection or whoever is managing the business matters?
Not to say they will act based on your concerns.

 

[Mr A]

My Mothers judgement along with my fathers decision originally to sell this man a piece of property & the fashion in which they were payed would suggest vulnerability.
Thankfully my mothers health is fine however she has a history of mental illness but not enough to suggest that she is impaired. I will add this for reference
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.

 

[Mr A]

Then it is not an ordinary or general but a special power of attorney giving you the power to deal with just that one specific task.

How long would a Special power of Attorney take?

 

[Mr A]

You cannot make an Enduring Power of Attorney (EPA) anymore, they were replaced by Lasting Powers of Attorney (LPA) in 2007, however an EPA made before that date is still valid. LPAs take 10-12 weeks to get registered once the documents are submitted to the Office of the Public Guardian.
A general power of attorney covering a specific issue is much quicker and are valid once signed and witnessed. It is only valid whilst the donor has mental capacity. A local solicitor would be able to draw a GPA up quite swiftly.

How long would a Special power of Attorney take?

 

[The Byre]

Are you in Englandshire or Scotlandshire - the law differs slightly?

But this whole issue looks somewhat messy and you and your mother need to get some proper legal advice NOW. This whole issue will depend on the details, so advice on a forum is not really going to help you and following such pearls of 'wisdom' may make things worse!

 

[Mr A]

Are you in Englandshire or Scotlandshire - the law differs slightly?

But this whole issue looks somewhat messy and you and your mother need to get some proper legal advice NOW. This whole issue will depend on the details, so advice on a forum is not really going to help you and following such pearls of 'wisdom' may make things worse!

Fair enough

 

[Alyson Dyer]

Then it is not an ordinary or general but a special power of attorney giving you the power to deal with just that one specific task.

Are you in Englandshire or Scotlandshire - the law differs slightly?

But this whole issue looks somewhat messy and you and your mother need to get some proper legal advice NOW. This whole issue will depend on the details, so advice on a forum is not really going to help you and following such pearls of 'wisdom' may make things worse!

^^^ This.
Powers of Attorney are not going to help, this is more about company law.
As usual the devil is in the detail.

 

[Mr A]

I appreciate that

 

[The Byre]

There are so many different aspects of either Englandshire or Scotlandshire law that come into play here that only a lawyer with all the relevant documentation in his/her hands can hope to give you any kind of advice. We start with company law, inheritance law, power of attorney, contract law and either common law or the laws of 'reasonable expectation' just off the top of my head. Property law may also play a role.

Then we have the issue of 'compos mentis' (which dates back to medieval laws on being possessed by the devil) and your mother's capacity to enter into contracts and act on behalf of the company.

I can see heads being scratched on this one!

 

[Mr A]

i know you can't see but this guy has gotten a piece of property in unjustified means already which leaves him confident he can do it again
I had an enduring POA over my dad for a short period of time in the past and the opposing party were co operative over night
my mother is positive about me given the power to act just for this instrument

 

[Mr D]

i know you can't see but this guy has gotten a piece of property in unjustified means already which leaves him confident he can do it again
I had an enduring POA over my dad for a short period of time in the past and the opposing party were co operative over night
my mother is positive about me given the power to act just for this instrument

So why can she and her business partner not act in this instance?

 

[Mr A]

what else could i do to promote him to act,

 

[The Byre]

Then get your PoA and sit down with this person and negotiate.

Graham at @The Resolver is possibly the person to help you here.

http://www.boardroomresolve.com/ Talk to him!

 

[Mr A]

its either his way or no way
anything she suggest he won't act
unfortunately the devil is in the detail

 

[Mr A]

Yes that worked before I'am trying to establish some alternative approaches its going on a number of years

 

[Mr D]

its either his way or no way
anything she suggest he won't act
unfortunately the devil is in the detail

So what exactly is the problem?
Her and her business partner own a business. Someone wants to rent that you don't want to rent. Surely its for her and her business partner to decide matters? You having decision right for her changes what exactly?

 

[Mr A]

So what exactly is the problem?
Her and her business partner own a business. Someone wants to rent that you don't want to rent. Surely its for her and her business partner to decide matters? You having decision right for her changes what exactly?

I understand your frustration my context is brief
However I' am sure you understand my point of view as to why I can't be more revealing publicly

 

[Alyson Dyer]

I understand your frustration my context is brief
However I' am sure you understand my point of view as to why I can't be more revealing publicly

I am sure you understand that without the full details and with your issue spread over at least 3 different threads it is impossible for members of this forum to be of much help.

 

[Mr A]

points of view is all a person needs at times

 

[SesO]

About 4 months in my experience

 

[Mr A]

@SesO that sound's long what type of POA

 

[Alyson Dyer]

As explained earlier a competent supplier should provide you with a registered LPA within 12 weeks of obtaining all the relevant signatures.
a general power of attorney which is the generic name for a power of attorney for a specific purpose and which is not registered before use can be instigated, drafted and signed within one working day if all parties are determined.
I deal with this sort of document on a daily basis.
I am not sure if this is what you need, you need a competent solicitor to read the terms of your father’s will as a minimum as this will tell you if there is anything at all that you can do.

 

[Mr A]

Thank you @Alyson Dyer I had experience before where I had an enduring POA & that had to be registered & that took time.
Yes thank you for your answer I Shall look into the will
Again Thank you .

 

[smallclaimsassistance]

@Mr A Having read this thread, it's abundantly clear from several of your threads that you believe your mother has mental capacity. If it's correct that she does, this therefore begs the question, why the substitution? Why don't you simply support her in instructing solicitors to take the necessary action, instead of substituting yourself to take that action?

Not only will there be a delay, but I cannot see how you as attorney can achieve anything that your mother, with your support (if that's what she wishes), cannot achieve. If she lacks capacity, which, from your posts, doesn't appear to be the case, this is academic as you will have to apply to the COP in any event.

Dean

 

[Mr A]

Thank you all for your time and input