I have looked after this 90 year old gentleman's cattle at my farm since 2004. He has paid board for these cattle. Our hand shake agreement was he doesn't go less than 12 head and when he passes away they are to be mine or if he shall not want them any more during his lifetime they are to be mine. He put them in half my name to make sure this happened as he did not put it in his will.
Having said that, his POA wants him to get rid of the 12 cows he has. This gentleman has also rented another house on my farm for the last 4 years.
Can the POA force the sale of the cattle? He thinks they cost too much! But yet the 90 year old has had the hobby of showing purebred cattle for the last 25 years. This gentleman also has close to a million dollars.
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First, it depends on the type of POA. It must specify he is over his finances and has the right to buy and sell on his behalf.
If half are yours, he can not touch those cattle. You may need to get something in writing from him, or get an attorney yourself.
Have you and the gentleman tried talking to the POA?
The POA is for a person who can't make his or her own decisions. If this man is of sound mind, his word goes over the POA.
Try to get something in writing as soon as possible, electronically is fine but paper and pen is great, especially if you end up wanting to take legal action. Keep a record of dates.
I do not believe this is something a lay person can answer. This is expensive property and it would be in your favor to seek legal advice but you will need to know what information to give to an attorney.
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