What is the scope of Power of Attorney?

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GoldWings

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Hi

I can't find it clarified anywhere on the Internet and I don't understand the Act.

What can fall in to the scope of Power of Attorney (not Enduring power of attorney)?

Is it specific to matters including financial affairs, property.

Can a donor elect their donee to attend a casual meeting on their behalf and speak on their behalf on matters that have nothing to do with the donor's property or financial matters and affairs.

I have a difficult sibling that I'm trying to reason with, and he's stated he has elected his daughter as his attorney and wants to daughter to attend instead of him.
 
Power of attorney is generally limited to financial or legal matters, sometimes restricted further to certain dealings described in the agreement.

GoldWings said:
I have a difficult sibling that I'm trying to reason with, and he's stated he has elected his daughter as his attorney and wants to daughter to attend instead of him.
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It's very unlikely that your sibling has any obligation to speak to you, unless you are aware of a legal obligation you're not disclosing. In the absence of same, they are entitled to ignore you, or send a representative of their choosing.
 
Thanks
But I'm just asking about power of attorney and added in the rest, for context. I don't believe him for one minute btw, and when I say he's tricky, I'm being kind.
I've been told he's been saying I'm not including him (I do not have to) so to nip that in the bud I've invited him to chat with me and my other siblings. He's not a straight person at all, and I didn't expect him to be reasonable and he's come up with this nonsense, sending her in the capacity of his POW.
 
So just go along with it and ask to see the signed PoA & confirm what authority the offspring has to make decisions on his behalf.

However, if this is an information only meeting, i.e. there are no decisions to be made; sibling can choose to attend or not, but let them you know won't accept an agent.
 
GoldWings said:
But I'm just asking about power of attorney and added in the rest, for context. I don't believe him for one minute btw, and when I say he's tricky, I'm being kind.
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Again, we don't really have much in the way of context here, but based on the information provided there is no reason why your brother can't send anyone he chooses to represent him, with or without a PoA. PoA would be required if you wanted the representative to enter into a legally binding contract at the time, but you haven't suggested that is the case.

Again, lacking context and much of the detail, a sibling rounding up the rest of the family to have a talk with the 'tricky' one sounds like potentially controlling and manipulative behaviour.

DannyBoyD said:
So just go along with it and ask to see the signed PoA & confirm what authority the offspring has to make decisions on his behalf.
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He's under no obligation to prove a PoA exists here. There is no legal obligation to speak to a sibling,
 
Leo said:
He's under no obligation to prove a PoA exists here.
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I'd disagree.

If there are decisions to be made or documents to be signed by this person's appointed attorney, then due diligence requires that the OP has a copy of the PoA.
 
DannyBoyD said:
I'd disagree.

If there are decisions to be made or documents to be signed by this person's appointed attorney, then due diligence requires that the OP has a copy of the PoA.
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But the OP has said that the conversation is to be a casual one, and 'on matters that have nothing to do with the donor's property or financial matters and affairs.'

Outside of that, what context could a sibling have to require a legally binding signature?
 
Leo said:
Again, we don't really have much in the way of context here, but based on the information provided there is no reason why your brother can't send anyone he chooses to represent him, with or without a PoA. PoA would be required if you wanted the representative to enter into a legally binding contract at the time, but you haven't suggested that is the case.

Again, lacking context and much of the detail, a sibling rounding up the rest of the family to have a talk with the 'tricky' one sounds like potentially controlling and manipulative behaviour.


He's under no obligation to prove a PoA exists here. There is no legal obligation to speak to a sibling,
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Wow!
Controlling and manipulative? I've said at the start, I'm trying to reason with him. I could do without having to deal with him at ALL, let alone trying to control or manipulate him.

He's been making up crap - he twists the truth and he doesn't have many friends in his life because of the way he is. And zero relationship with all siblings. There's much much more of course, decades of it, including fraud and so on.

I decided to give him an opportunity to discuss with me and the rest, to air his views like the grown adult he is.

He declined to join and specifically said BECAUSE his daughter has Power of Attorney he wanted her involved. I think it's baloney, giving this reason to get her involved and personally I think she has enough on her plate as well.

The thread was specifically to ask what power of attorney is and isn't. I think we can close the thread
 
GoldWings said:
Wow!
Controlling and manipulative? I've said at the start, I'm trying to reason with him. I could do without having to deal with him at ALL, let alone trying to control or manipulate him.
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As I said, we don't have all the facts, the only thing we had to go on was one person looking to force their sibling into a conversation it seemed they wanted no part in.

GoldWings said:
He declined to join and specifically said BECAUSE his daughter has Power of Attorney he wanted her involved. I think it's baloney, giving this reason to get her involved and personally I think she has enough on her plate as well.
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You might think it's baloney, and it may well be. Perhaps she does have PoA, perhaps she doesn't, it actually doesn't matter. He's under no obligation whatsoever to have a conversation he doesn't want to have, if you push on having one, he's entitled to send anyone he wants to represent his interests, PoA or no PoA.
 
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