Power of attorney query for bother in Australia?

Power of attorney query for bother in Australia?

9:38 AM, 8th December 2020, About 6 months ago 21

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I jointly own a commercial property with my brother and sister. My brother lives in Australia.

I would like to know what is the easiest and cheapest way of me signing legal documents on behalf of my brother for the property please?

This would be mostly for the granting of leases, but also any other matters related to the property that would need his signature.

To date, we have been sending him leases to sign, but it is a bit of faff and takes time, so I was wondering if there is a better way?

Many thanks

Adrian



Comments

by Pat Simpson

10:52 AM, 9th December 2020, About 6 months ago

You need to get Power of Attorney from your brother . This a legal document drawn up by his solicitor and they can send on to you

by Lindsay Keith

12:25 PM, 9th December 2020, About 6 months ago

Make sure it complies with requirements in the jurisdiction where it is to be used?

by Puzzler

13:33 PM, 9th December 2020, About 6 months ago

Subscribe to Docusign or similar, no POA then required

Or scan and email. This is good enough for banks so I imagine good enough for your situation.

by Peter Poupard

13:54 PM, 9th December 2020, About 6 months ago

There is no need to employ a solicitor to create a power of attorney. You can do it yourself and register it with The Court of Protection for less than £200. It's simplicity itself.

by Ian Narbeth

15:41 PM, 9th December 2020, About 6 months ago

Reply to the comment left by Peter Poupard at 09/12/2020 - 13:54Then again, if you employed a solicitor he or she would tell you that you don't need to register this type of Power of Attorney with the Court of Protection or indeed with anyone.

by Peter Poupard

16:00 PM, 9th December 2020, About 6 months ago

My mistake, it needs to be registered with the OPG or Office of Public Guardian. At least that's what GOV.UK specifies, and the cost is now £82, not the £200 I paid a few years ago.
As an aside it's prudent in these times for the sake of a hundred pounds to have one in place, one never knows when one might be stuck down and need someone to operate your affairs. I imagine the solicitors fees would be minimal in comparison to the grief not having one could result in.

by Paul Shears

16:58 PM, 9th December 2020, About 6 months ago

Reply to the comment left by Peter Poupard at 09/12/2020 - 16:00
You are quite right buy I am afraid that the Power of Attorney system and the related charges are far from fool proof and this will certainly get worse. The same goes for the probate system which was already collapsing by September 2019 for the same reasons.

by Peter Poupard

18:24 PM, 9th December 2020, About 6 months ago

What's in a word? Lots when the word is Lasting. I should have read the article properly and noted it mentioned a power of attorney not a Lasting Power of Attorney. I was wrong, indeed I've posted previously that engaging an expert is the better option when dealing with serious matters, so Ian I stand corrected. Get yourself a solicitor is good advice!!

by Paul Shears

20:40 PM, 9th December 2020, About 6 months ago

Reply to the comment left by Peter Poupard at 09/12/2020 - 18:24
It is good advice but, as with hiring any expert who is constrained by process, it is not a cure-all. My powers of attorney cost a few thousand pounds due to a very untrustworthy and disorganised solicitor for one and the court of protection itself for the other.
All you can do is self educate and try to minimise the risk.
I speak from some 18 years very painful experience in this matter, employing experts throughout. It took the court of protection several staff and over a year to finally admit that they had in some respects, irretrievably messed up. No solicitor could have avoided that particular mistake, which was only one amongst many.

by colette

21:34 PM, 9th December 2020, About 6 months ago

Hi, a lasting power of attorney can be done for finance and for health/welfare. It costs £82 and you can be specific as to what it says. It can be done on line and you can register it so technically it can be done straight away or you can leave it until the donor loses capacity and then obtain a medical and then register it. However, you can do what is called an ORDINARY power of attorney in relation to specific items such as this property, and this can be done on line. I take it the property is in the UK and it would relate to this propety or your brother 's UK assets only. Enduring power of attorney documents ceased to be available after Oct 2007 when lasting power of attorney came in. See citizen advice via google or age concern which explains in more detail.More information about ordinary powers of attorney . An ordinary power of attorney allows one or more person, known as your attorney, to make financial decisions on your behalf. It's only valid while you still have the mental capacity to make your own decisions. You may want to set one up if, for example:
you need someone to act for you for a temporary period, such an when you’re on holiday or in hospital
you’re finding it harder to get out and about to the bank or post office, or you want someone to be able to access your account for you
you want someone to act for you while you’re able to supervise their actions.
You can limit the power you give your attorney so that they can only deal with certain assets, for example, your bank account but not your home.
An ordinary power of attorney is only valid while you have the mental capacity to make your own decisions. If you want someone to be able to act on your behalf if there comes a time when you don’t have the mental capacity to make your own decisions you should consider setting up a lasting power of attorney.

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