How does Power of Attorney work? This is just one of the questions legal experts at Parfitt Cresswell have answered for our readers
Question 1:
I am a building contractor who carried out a lot of work for a family who now says they can’t pay me. I provided him with a quotation that he has signed. Is there anything I can I do quickly as I know the family want to sell the house and move back to Spain.
Answer
You should seek legal advice immediately, as much would depend on the details of the situation. You may be able to make a claim against the proceeds of the sale, but you would need to obtain a Court Judgement first, by a Court hearing, if defended, which could take up to a year or more. It may be possible to seek an interim injunction to preserve the proceeds of sale, pending final judgement, if there is clear evidence that the Defendants are planning to leave the jurisdiction and are not leaving sufficient assets in England and Wales to cover any judgement, and the Claim is a strong one. You would want to serve the claim before the debtor’s departure to avoid the additional problem of serving proceeding out of England (out of jurisdiction of the English courts). It’s not easy to enforce any judgement.
At Parfitt Cresswell we offer a FREE initial consultation to all new enquiries.
Question 2:
How does Power of Attorney work?
A Power of Attorney is a legal document through which a person gives their chosen Attorney(s) authority to make certain decisions on their behalf when you are unable to make decisions for themselves. The most common type of Power of Attorney is a Lasting Powers of Attorney (LPA) of which there are two types: one for financial matters and the other for health and welfare.
Answer
An attorney should be someone you can trust implicitly given that they can make decisions on your behalf as if you were making those decisions yourself which means that they can sell your property, for example.
LPAs must first be registered with the Office of the Public Guardian before the Attorneys can use the documents.
If you are considering making a Power of Attorney, you should speak to a specialist lawyer to find out what your options are, how best you can achieve your legal objective and the likely process and costs involved in doing so.
At Parfitt Cresswell we offer a FREE initial consultation to all new enquiries.
Question 3:
I have given all my children and grandchildren a lump sum of money from the sale of my house. I wanted them to have it before I die. I gave my son the money for my grandson who is 23 years old. My grandson has asked for the money, but my son is refusing to give it to him, what would you advise?
Answer
On the face of it, there does not appear to be any trust created so it’s an outright gift to the grandson which you have given to the son to pass on. On that basis, I take the view that the son is the bailee of the gift to the grandson and by failing to pass the funds on, he is in breach of the requirement of the bailment and an action arises in conversion of the sum of the gift.
At Parfitt Cresswell we offer a FREE initial consultation to all new enquiries.
Question 4:
Can you get Legal Aid if you might lose your home due to outstanding payments on your mortgage?
Answer
Legal Aid is available for such issues. It would fund the cost of legal advice in the manner of a loan at legal aid rates which the Legal Aid Agency would seek to recover from you after the issue has concluded.
To secure specific advice on this point we recommend that you speak with the Legal Aid Agency direct or to a firm of solicitors that undertakes publicly funded work. Not all legal firms offer legal aid.
At Parfitt Cresswell we offer a FREE initial consultation to all new enquiries.
Question 5:
I rent a property and I have been complaining to my landlord about the damp in the back bedroom with no success what shall I do next?
Initially, you should refer the matter/complain to the Local Authority who have statutory powers to intervene. Alternatively, a solicitor can write and threaten an injunction to the landlord, with a potential claim for damages.
Legal Aid may be available, depending on eligibility and how bad the damp is.
At Parfitt Cresswell we offer a FREE initial consultation to all new enquiries.
