Legal Experts - Power of Attorney ????

[AnnaS]

Since no one has absolutely any idea when NY will be approved I was thinking of giving my sister power of attorney to purchase our additional add-on for BCV. She is coming down in June. Are there any legal experts here or anyone who has done this? I do contact a lawyer, yes? Are we talking about a few dollars to draw this up? It will say it is intended to purchase DVC only, yes? I could go on and ask questions so if anyone has any info they would like to add, I thank you in advance.

 

[RobDoc]

I'm not an attorney...nor do I play one on TV!!

But... You might want to ask your DVC guide what the POA needs to have in it. They can likely offer guidance in the usage of a document like that.

I'd probably call MS and connect with Member Administration- they can probably advise you easily.

Good Luck!

 

[PamOKW]

Are we talking about a few dollars to draw this up?

I'm not certain of the cost but I think it would be at least $50 and could be closer to $100. Legal services usually have a minimum charge.

 

[Whizzo25]

I am a lawyer . . . and the best (free) legal advice I can give you is (drum roll please . . .) to do exactly what WebmasterDoc advised. DVC has surely answered this type of question before. They will be able to tell you specifics, which may be complicated by the fact that there are two states with possible jurisdiction over this. Keep in mind that your DVC guide has a financial interest in responding in a timely fashion. Good Luck.

 

[mle]

My husband signed papers with a power of attorney for me. The main thing that Disney is looking for, as you already stated, is that the POA indicates that it is specific for the DVC purchase. I just used the standard NY durable general POA form (which is available here: http://www.nylawfund.org/pubs/durpoa.pdf). (I know it should have been a nondurable one, but is was my husband and I trust him!). This was the POA form that my company's closing attorneys had (they're right next door, I'm in the mortgage business).

I filled it out myself (it's self explanatory, hey, if I don't know how to fill out my name and address... that's really all there was to it!). I gave authority for "(A) real estate transactions" and ("O) all other matters" and wrote in at (Q) "for the specific purpose of purchasing a timeshare period from the Disney Vacation Club". The form had to be signed and notarized by me and my husband (the appointed agent). I had to fax it to Disney for their approval (which, obviously, it was acceptable). When it came time for signing the documents, Disney, of course needed the original, as it will be recorded with the Clerk's Office along with the other papers. My husband had to sign my name and write "by [mle's husband] as Attorney-in-Fact for [mle]" at each an spot where my signature was required.

All in all, it was costless and painless and enabled this NYer to buy at BCV.

Hope this was helpful. -mle

 

[AnnaS]

Thanks Doc, I called Member Administration (finally through after about 20 minutes of getting disconnected). I was told if I went this route to get the POA and fax it to them so that they can approve it (make sure it's all fine - she said some people do it on their own and it's a no go - she told me the wording should read for real estate transaction and for the purpose of purchasing disney vacation club. Once approved, my sister would need to bring the original with her and then to get in touch with my guide to set up everything. Now I will see what the cost is. I told my sister I was thinking about it and right away she reminded me that they will only be there for three nights with two children under 5 - her first reaction was, if it's a two minute thing it's fine, I am only there for 2 1/2 days. Perhaps I can pay for their lunch and parking so I don't feel obligated or guilty. I know what she means, she has never been there - I would also not want it to take more than 30 minutes.

 

[Pkdcoastrs]

Hey! I'm just wondering what this post and other similar ones are about? On our last trip, my parents took the DVC trip but didn't buy anything. We are from NJ and I was just wondering why there is all this talk with NY and DVC?

Sorry if I sound strange, I'm just wondering!

Thanks
Mike

 

[AnnaS]

Mike,

NY has not been approved (and California?). We cannot purchase BCV from NY unless we are down in Florida.

 

[PamOKW]

I would also not want it to take more than 30 minutes.

I think this could be a problem. She will actually be doing a purchase, just as if you were there doing it. They do things quickly but it does take time. It certainly won't be two minutes and I'm not even sure if it takes much less than an hour to complete. When it's your purchase the time flies but your sister may see the clock ticking on her vacation.

Any recent purchasers have an idea of how long it took from walking in the door to walking out the door?

 

[AnnaS]

Update: I spoke to my guide and since we are not financing it should not take more than 30 minutes once there of course. My sister will bring down original poa but it has to be approved before they go down. I spoke to my attorney and gave him all the info, luckly since he is a friend of my sister he is not charging me and we need two poa, one from me and one from my DH. I will fax it as soon as I get it. Hopefully by the end of the week. My DH was also considering flying down and I was told we would still need a poa from me. I am hoping my sister can do this on her last day and will keep my fingers crossed. I do not want to pay $80 p.point and at this point I am getting a little frustrated to say the least.