Quote:
|
Originally Posted by Notorial dissent
No rhetoric involved, just plain simple fact.
Is there some part of NO, YOU CAN NOT DO THAT that is too hard to understand.
Did you not read what I wrote??? NO, NO, and NO!!!!! There is NO such thing as POA by estoppel or wishful thinking or anything else. If the principal did not have capacity in the first place, and then knowingly, willingly, and consideredly, create, grant, subscribe, acknowledge, and publish the POA it isn’t a POA and what you are attempting or contemplating is felony fraud. There is not and never has been such a thing as agency by estoppel. Estoppel in the first place is primarily a term involving court matters, not private business matters.
|
My rebuttal is from Black's Fifth Ed., page 58; under
Agency, supra.
Quote:
|
Originally Posted by Black's Fifth
Agency by estoppel. One created by operation of law and established by proof of such acts of the principal as reasonably lead to the conclusion of its existence. Arises where principal, by negligence in failing to supervise agent's affairs, allows agent to exercise powers not granted to him, thus justifying others in believing agent possesses requisite authority.
|
Question: Why does "Agency by estoppel" exist?
Answer: It (Agency by estoppel) is fictitious, i.e. it is "by operation of law", and as such can be lawfully (or legally) exercised.
Quote:
|
Originally Posted by Black's Fifth
Fictitious. Founded on fiction; pretended; counterfeit. Feigned, imaginary, not real, false, not genuine, nonexistent. Arbitrarily invented and set up, to accomplish an ulterior object.
|
I allege "procuring a poa" is an arbitrary invention set up to accomplish an ulterior object.