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My uncle who also needs to sign has power of attorney for my nan, myself and my uncle have along standing feud. My uncle has said he would sign the document but will not sign for my nan as she has said she doesnt want to sign it. Can my uncle do this as my nan has no capasity .How do we know that my nan has even said this

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Well, if Nan says NO then uncle is doing the right thing by not signing. She is probably afraid the government will take the farm.
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I had to research overage agreements to understand what the issues are. I confess I've never encountered an overage agreement, but I think you probably are going to face an uphill (if not unwinnable battle) since your uncle won't sign the overage agreement.

However, if I understand correctly, your uncle would have to sign only b/c he is proxy under a POA for your Nan, is that correct? He doesn't hold any interest himself? So you might have to challenge his authority as proxy and not acting in the best interest of your Nan?

This gets complicated right from the get-go.

And if your Nan has dementia, perhaps she can't sign?

I'm afraid it seems as if this is an unwillable battle, but I know nothing about overage agreements and council approvals, so I think you'll have to get legal representation if you're determined to pursue this.

Just out of curiosity, are you somewhere in the UK? If so, I think one of the UK posters might be able to offer better suggestions than I can.
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I lived with my nan and grandad and helped run the farm since i left school.When my grandad died i inherited some land on which there is an overage agreement attached.I have applied for planning on an agricultural tie so that i can live on the farm. the council wont grant planning permission until both my nan and uncle sign the overage agreement but my uncle wont sign as he says my nan doesnt want me to get planning. My nan has dementia and does not have the understanding needed.
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I'm not sure I understand what you're asking, such as what is a "legal document on planning permission"? Are you referring to a Durable Power of Attorney, a Power of Attorney (contingent on specific issues) or something else.

Are you trying to get your uncle to add you as proxy to a POA for him or for your Nan (which I assume would be the case). If your Nan doesn't want to sign any POA, she doesn't have to. She can't be forced.

However, if she has dementia, is she able to understand what it is you're asking? Since you write that she "has no capacity", I assume this means that she isn't able to understand the impact of specific legal documents?

As to how you know that she allegedly has or has not said something, you don't know unless she can confirm one way or the other.

Perhaps you could tell us what it is you're trying to accomplish as it's not really clear. Do you want to get authority to make placement arrangements? To manage finances and plan for eventual care?
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