Hello. Am new here.
I am posting about a legal matter with a friend lacking capacity.
Friend is other side of the world but owns property here. Almost 2y ago I was given written authority from friend to sell a property here.
His mortgage term had ended and he couldn't get a loan due to his age.
The bank got a possession order on it. However, I found a buyer and a law firm to process the sale.
Lots of things then happened at once. The bank got an eviction order. But I stopped it because friend gave written authority for me to talk to them and there was a buyer. Then the law firm did a video call and refused to continue as they thought he lacked capacity. With the need to sell I found another lawyer on the internet who could practice in same location abroad and in uk.
The new lawyer traveled and met friend. And friend instructed him to act on his behalf to sell the property.
But then his wife told me she had invoked PoA there because her husband, my friend had been diagnosed with dementia and lacked capacity. She had invoked it before this lawyer took instructions. Would that make the instruction invalid?
The PoA has not been invoked in the uk. The diagnosis there has not been divulged here. The lawyer has been proceeding to transact on the sale. Can he legally act for friend?
It is in friends best interest to sell. The (cash) buyer wants to buy. The bank has run out of patience and will re-appoint bailiffs very soon.
I now find myself in an awkward situation. I need a lawyer to handle the sale. But I don't think he should be?
Worse he seems to have coerced my friend to cut me out. I received an email from friend which he clearly didn't write basically stopping me doing anything. The lawyer. Is saying he's in control. He's not responding to the buyer lawyers. Instead he took a builder to the property to discuss renovations. I think he's muscling in on his own deal. I had agreed a small fee for helping. The lawyer negotiated a huge fee for just simple conveyance. He's trying to ensure I get nothing.
If friend lacks capacity can he revoke my authority?
Can wife write email as if its him when she knows he lacks capacity? Is it invalid?
I guess the main question I have - if the bank finds out he lacks capacity - and the lawyer shouldn't be acting - will they evict and take control?
