What is the name of your state (only U.S. law)? Texas
Hello. My father owns (or owned, I'm not sure. Keep reading please) 25% of a prosperous Texan LLC company. My brother owns 50% and his wife 25%. But these two weren't happy. Since early 2012, my brother clearly stated he wanted my father's share. He wanted it as a gift. My father didn't like the idea. He's 77. He's a person with a very basic instruction. He doesn't understand a single word of English. He suffers from cancer and is taking chemotherapy sessions every 5 weeks since march, 2012. He was afraid of my brother giving him some document to sign where my father yielded his share of the company. And it happened. On February 2013 my father ingenuously signed a Power of Attorney, in English, that my brother sent to him, to Mexico, where my father ALWAYS has resided. It was until yesterday that I knew that fact. Now, I have a copy of that POA. I think (let's say I hope) maybe that POA has no validity, because they have sent my father a new POA for him to sign!! This time, my father, before signing, ordered to send me this new POA by email, asking me to translate it and say him what it was about. This new POA is a Durable POA, and it seems even more "aggressive" than the first one. It includes a warning for the principal, and a warning for the agent. It has many new provisions and some old provisions have been "enhanced". For instance, one provision added: "Capital One Bank will be held harmless of any action taken while relying on this document".
This new POA seems more "professional", while the first one looks, to my ignorant eyes, awkward. The new one fills 10 pages, while the first one fills just 2. The first one begins with: "Juan Perez, hereinafter referred to as PRINCIPAL, in the county of SomeCounty State of Texas, being of sound mind do(es) appoint Pedro Perez as his (her) true and lawful attorney-in-fact", while the second one begins with: "I Juan Perez, residing at XXX SomeStreet, SomeCity, Texas XXXXX, hereby appoint Pedro Perez of XXX SomeStreet, SomeCity, Texas XXXXX, as my attorney-in-fact ("Agent") to exercise the powers and discretions described below". (Both addresses are exactly the same. My father NEVER has touched their house).
The first POA is supposed to be aknowledged by someone claiming to be notary public. That same person is supposed to sign the new POA as "Bookkeeper".
Both POAs authorize my brother to make gifts "to the principal's family members". Besides the said 25% share, my father has a considerable estate in Mexico.
I have many questions:
How can I know if my father's share continues to be of his own?
Does that awkward, signed POA have any validity?
An american POA has validity in Mexico or Spain?
What can we do to revert any wrongdoings they may have done?
What crimes are they committing by such behavior?
Do my father's age and medical condition aggravate such crimes?
How and where can we file a claim?
I can provide every detail you need. Any advice will be really, really appreciated.
Hello. My father owns (or owned, I'm not sure. Keep reading please) 25% of a prosperous Texan LLC company. My brother owns 50% and his wife 25%. But these two weren't happy. Since early 2012, my brother clearly stated he wanted my father's share. He wanted it as a gift. My father didn't like the idea. He's 77. He's a person with a very basic instruction. He doesn't understand a single word of English. He suffers from cancer and is taking chemotherapy sessions every 5 weeks since march, 2012. He was afraid of my brother giving him some document to sign where my father yielded his share of the company. And it happened. On February 2013 my father ingenuously signed a Power of Attorney, in English, that my brother sent to him, to Mexico, where my father ALWAYS has resided. It was until yesterday that I knew that fact. Now, I have a copy of that POA. I think (let's say I hope) maybe that POA has no validity, because they have sent my father a new POA for him to sign!! This time, my father, before signing, ordered to send me this new POA by email, asking me to translate it and say him what it was about. This new POA is a Durable POA, and it seems even more "aggressive" than the first one. It includes a warning for the principal, and a warning for the agent. It has many new provisions and some old provisions have been "enhanced". For instance, one provision added: "Capital One Bank will be held harmless of any action taken while relying on this document".
This new POA seems more "professional", while the first one looks, to my ignorant eyes, awkward. The new one fills 10 pages, while the first one fills just 2. The first one begins with: "Juan Perez, hereinafter referred to as PRINCIPAL, in the county of SomeCounty State of Texas, being of sound mind do(es) appoint Pedro Perez as his (her) true and lawful attorney-in-fact", while the second one begins with: "I Juan Perez, residing at XXX SomeStreet, SomeCity, Texas XXXXX, hereby appoint Pedro Perez of XXX SomeStreet, SomeCity, Texas XXXXX, as my attorney-in-fact ("Agent") to exercise the powers and discretions described below". (Both addresses are exactly the same. My father NEVER has touched their house).
The first POA is supposed to be aknowledged by someone claiming to be notary public. That same person is supposed to sign the new POA as "Bookkeeper".
Both POAs authorize my brother to make gifts "to the principal's family members". Besides the said 25% share, my father has a considerable estate in Mexico.
I have many questions:
How can I know if my father's share continues to be of his own?
Does that awkward, signed POA have any validity?
An american POA has validity in Mexico or Spain?
What can we do to revert any wrongdoings they may have done?
What crimes are they committing by such behavior?
Do my father's age and medical condition aggravate such crimes?
How and where can we file a claim?
I can provide every detail you need. Any advice will be really, really appreciated.
