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Ely
Ely, Lawyer
Category: US Law
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Experience:  Counselor at Law. Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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how do I ask power of attorney from USA citizen to be given

Customer Question

how do I ask power of attorney from USA citizen to be given to me in the uk for her us estate.? what paperwork mush she provide?
Submitted: 3 years ago.
Category: US Law
Expert:  Stuart J replied 3 years ago.
can you just explain the facts are little clearer please because they are not at all clear?
what do you want to achieve?
Customer: replied 3 years ago.


The lady in question is my boss who resided in the USA. I need Power of Attorney granted from her to act on her behalf on her estate here in the UK. I need to know what paper work she must supply for the POA to be legitimate here in the UK.

 

I will supply the power of attorney to a bank as we are applying for a loan and I need to bank to recognise that I am her POA.

 

How would this jeopardise me personally should anything go wrong? I am also

a director on her two companies which are limited companies and registered in

Gibralter. The reason that I am asking for POA is so that any other director of her

companies does not override decisions that have been reached by her and which I am acting on her behalf.

Customer: replied 3 years ago.


I have supplied more information below.

Customer: replied 3 years ago.


you have not supplied me with an answer.

Expert:  Stuart J replied 3 years ago.




I am sorry, but this is not an instant service because we
are all solicitors in practice. We do not sit online 24/7. We all have clients
and court and other users on this site and travelling and weekends and evenings
etc. We are often on and offline all day every day. Sometimes therefore you
will get an answer in minutes and sometimes it is hours. The site does give the
impression that experts will answer in nanoseconds unfortunately, the site is
hosted in San Francisco and we are all based in the UK and we have no control
over site content.







Now I have the full details, it is outside my sphere of
expertise.



I am therefore going to opt out of this for another expert
to consider. Please do not reply or it comes back into my inbox. Another expert
will pick it up at some stage. It is now open to all experts.







Expert:  Ely replied 3 years ago.
Hello,

My name is Ely and I am another expert at JustAnswer. Your previous expert has opted out and I have opted in.

A Power of Attorney (POA) is very simple. All that she has to do is to sign one and have it notarized and you can use that POA as necessary. The signer of the POA is called the PRINCIPAL and the holder of the POA is called the AGENT.

You can find a sample POA here. Of course, she would have to fill in the details of what action(s) she authorizes you to execute. She can be as broad or as specific as she wishes.

How would this jeopardise me personally should anything go wrong?

Generally speaking, no. You being an AGENT, the agent is not responsible for the PRINCIPLE's debts/obligations under agency law. You are simply acting as the agent for her, i.e. an extension of her. She remains liable for the agreements that her agent (i.e. you) make for her. Kolstad v. American Dental Assn., 527 US 526 - Supreme Court 1999. You are not liable unless you abuse your powers of agency and make a decision that was not authorized or completely and utterly outside the scope of the POA. If so, she can pursue you for the liability that you have placed on her.

I am also
a director on her two companies which are limited companies and registered in
Gibralter. The reason that I am asking for POA is so that any other director of her
companies does not override decisions that have been reached by her and which I am acting on her behalf.


Understandable. The answer stands as is when applied to this matter as well.

I hope this helps and clarifies. Good luck.

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Customer: replied 3 years ago.


As the companies that she is giving me power of attorney are registered to Gibraltar would she have to supply the names and numbers of the two companies to make the POA relevant as I am taking it to a bank to ask for a loan on the value of one of the properties.

Expert:  Ely replied 3 years ago.
Hello and thank you for your follow up.

As the companies that she is giving me power of attorney are registered to Gibraltar would she have to supply the names and numbers of the two companies to make the POA relevant as I am taking it to a bank to ask for a loan on the value of one of the properties.

No, she does not. The POA may be as general or as specific as she wishes. For example:

"____ can hereby vote for me in any Board decision of any company I own..."

OR"

"____ is authorized to vote for me on (date) for (company name)'s Board of Director's meeting..."

etc.

So it is the decision of the principal. As long as the POA gives you an agency power to do something, that is all that matters.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.

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