Question of Power of Attorney



ORIGINAL POST
Posted by defrule 11 yrs ago
Hi all,


I have a issue that I'm not sure how to proceed with and would like some advice or information if possible.


Around 2009 my father gave me the top floor of our flat in Hong Kong. I did all the signing and stuff at a solictor's office. Being based inthe UK, I can't really manage the place so back then I also granted a Power of Attorney to a family friend who would take care of the place.


My parent's relationships turned sour and I'm now afraid he might turn around and find a way to sell the property, take the money and leave.


I'm really not sure how to find out more. Ideally if there was a government hotline I can ring to check who still has power to manage my property it would be great but I'm not sure if this exists.


Any help would be appreciated.

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COMMENTS
traineeinvestor 11 yrs ago
The government will not be able to help you as POAs are generally not registered in Hong Kong.


I would consult a lawyer in the first instance. The lawyer can check title and occupancy for you. If it is vacant, he can arrange to change the locks. If rented, he can instruct the tenant to pay the rent to your bank a/c.


The other thing I would do immediately, is send a letter by registered post to the family friend revoking the POA. If you are really worried, get your lawyer to have it personally served on him so that he cannot deny receiving it.

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Remmy 11 yrs ago
TI is right. If the POA is openended, then it will exist until you amend or revoke it.


Note that he still has a fidiciary duty act in accordance with the POA, but that in itself will do you no good if he fails to do this, dissipates the profits from his misdeeds, and then has no assets left for you to take action against (unless the recipient of those dissipated assets receives with with knowledge of the fiduciary breach).

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