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Polish land 50-50



ace123   Dec 24, 08, 15:58 /  #
Hello

I am a polish citizen, now living in Canada.

My Mother and Father are divorced and have land split 50-50.
My Father lives in Poland, and my Mother in Canada. She is very sick and has a "Canadian Power of Attorney". This means she has someone from the Canadian Government to represent her. With her condition the Power of Attorney makes decisions for her behalf.

The land taxes has not been paid in a very long time. The Polish Government is getting in contact with my Father and explaining that they will reposes the land very soon. I do not want for this to happen.

The plan is for the land 50-50 will all get signed to me, and it will be sold.

A Polish Counsel representative has to be present for the signing through the Canadian side.

The Canadian Power of Attorney will not simply sign this 50% to me.
Because of this there are problems.

Myself, my Mother and Father all Polish born citizens. Is this just a matter of Polish affairs? Or does the Canadian Government have to be involved?

I wish this be very simple and fast, because soon there will be nothing.. any suggestions?

Thank you
Lukasz
WroclawThreads: 77
Posts: 7,404
Joined: Apr 1, 06 [Moderator]  Pictures: 3 		  Dec 24, 08, 16:12 /  #
ace123:
She is very sick and has a "Canadian Power of Attorney".


Is it not possible for you to be given Power of Attorney ?

I have no idea of Canadian law. Just asking.
ace123   Dec 24, 08, 16:53 /  #
Yes that is a possibility, although it will take some time...
WroclawThreads: 77
Posts: 7,404
Joined: Apr 1, 06 [Moderator]  Pictures: 3 		  Dec 24, 08, 16:58 /  #
ace123:
although it will take some time...


One or two people on the forum might be able to give advice, but you may have to wait a couple of days, as it is Christmas and many people are away.
ace123   Dec 24, 08, 17:26 /  #
thank you
SeanusThreads: 22
Posts: 30,158
Joined: Dec 25, 07 		Edited by: Seanus   Dec 24, 08, 17:33 /  #
This is a case of 'in loco parentis', just applied differently. I have only a slight knowledge of Canadian law but fairly extensive knowledge of private international family law. When it comes to the statute of limitations for summary offences (in Canada), it is six months from the committing of the offence. However, tax evasion/avoidance is a more serious matter. An action can be raised at any time.

I'm not too well-versed on the following but know that it exists. You mentioned repo action which triggered the memory of a seminar I had on this matter. I'm fairly sure that Canada signed to the imposition of a stated time limit after the occurence of a 'relevant event'. There are time limits to the raising of an action but, I'm very sorry, I don't know them. They may have been subject to revision. The Scottish Law Commission is forever updating provisions, and we follow a principle-based Romano-Germanic system.

Public policy dictates that matters are dealt with expeditiously and fall to the rightful heir, you in this case. However, much like intestate succession, the express intention of the contract makers is important before division is decided upon.

This begs the question, whose plan if for 50-50 may I ask?

I've unearthed a decent article on it. Should you wish to discuss the legal provisions ensconced within, just holler buddy.

Here, ourworld.compuserve.com/homepages/dlmoir/propdiv.htm it is Canada specific. Bear in mind it is only to 2004.
ace123   Dec 24, 08, 19:50 /  #
Thanks for the link.
My parents divorced in Poland.

The article applies to in Canada. The land is in Poland. My mother is currently in Ontario, and I am living in Nova Scotia.
If need be, I will have to apply as Power of Attorney.

Because of my Mothers condition (she had a brain tumor), can I simply have a signed letter stating her mental awareness?

My Mother would have already signed this over if it was just up to me and her... But she has a Power of Attorney. And I don't think that it is that simple.

I am a young adult. This land is for my future, after it is sold...
I just hate the fact that I am in the middle of all of this... but it is life...

I do not want to pay thousands of dollars for a lawyer..
I just thought asking around could get some answers.. thank you
SeanusThreads: 22
Posts: 30,158
Joined: Dec 25, 07 		  Dec 25, 08, 09:43 /  #
Yes, a signed letter should be enough. The medical diagnosis alone will show that she has diminished capacity.
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