Legal Question in Administrative Law in New York
power of attorney
The friend of mine who lives in Taiwan. He signed a ''Power of Attorney'' to someone to do his real estate transaction five years ago in New York. I am not sure the ''Power of Attorney'' should still be enforced. If he wants to revoke the power, any legal procedure should be followed? Thanks a lot.
1 Answer from Attorneys
Re: power of attorney
Dear Sir/Madam
A threshold question: Does the power of attorney document ("P/A") have a time limit? Many do - if so, then it may have already expired.
If the P/A does not state a time limit, then it remains in effect until the granted powers are executed, or your friend (the "principal") dies or is incapacitated, or it is revoked by the principal. Revocation should be done in writing and delivered to the attorney by reliable and provable means; if the P/A/ was notarized, the revocation should also be notarized.
One other point: If the principal knows that the attorney is dealing with certain people in connection with the powers granted under the P/A, those people should receive a copy of the P/A revocation.
I am available to advise or assist in this matter if you or your friend desire. I do not do real estate; rather, I specialize in international trade and commercial transactions. I deal with transnational P/As all the time, and I have clients and contacts in Taiwan.
Sincerely