#7 The Power of Attorney: A Meeting of Doubts

The air was heavy with anticipation as we left home. Today was the day I would meet with the lawyer, a family member, to clarify the legal questions that had been haunting the 9 Acre Revival project. Knowing her personality—her deep belief in the lawyer’s authority and her conviction in her legal standpoint—I reminded my parents that we had to stick to the script I had meticulously prepared. I had spent the morning carefully writing down my questions in a specific order, knowing that our approach had to be measured and strategic.

My mother had wanted to stop for local delicacies, but I insisted we arrive early. The lawyer had told me she was busy, and I wanted to be respectful of her time. When we arrived at her office, located on the upper floor of a shop lot, she was not yet there. She arrived ten minutes later and began by introducing us to her firm, her work, and the importance of being cautious about scammers.

The conversation eventually moved to the meeting room, where I started with my first question: Was the agreement I made with our Matriarch legally challengeable, given the Power of Attorney documents? She requested that I proceed to my next question. I agreed, and asked my second question about the other PoA holders. Again, she asked me to proceed to the third question. I objected, explaining that the third question depended on the first two. She agreed to answer.

The Power of Attorney

She explained that she had provided the Power of Attorney letters seven years ago to “cut short the succession process,” as she believed they were powerful legal instruments. She added that wills are not as strong in a court of law. This wasn’t the question I had asked, but I took note and asked my third question: Was a Power of Attorney valid after the death of the principal? This was the crux of my doubt. She answered, with conviction, that yes, it was, and that the PoA could be used by the holders to change the land’s name after death. My research contradicted this, but I knew that bringing up “Google” would invalidate my argument. I simply took note. My father, in a moment of subtle doubt, added, “So as long as the moon and the stars exist?” The lawyer confirmed, “Until the Day of Judgement, the Power of Attorney is still valid.” I took note again.

I then went back to my first two questions, which she had delayed. Regarding my first question, she confirmed that my agreement was indeed valid, as I had dealt directly with the owner of the property. I still had doubts, knowing that the actions of a principal and a PoA holder could conflict. However, I remained silent.

Regarding my second question, she asked to see the land search documents I had acquired from the Land Office. After reviewing them, she noted that they were valid but not in order. She had a junior lawyer organize them for us, and she even found one lot that did not belong to our Matriarch, which was my mistake. She reminded us of the importance of putting documents in order, a lesson I agreed with. She then checked her files and confirmed that there were two other Power of Attorney documents for the other two lands, as I had suspected. For one more lot, with a dimension of approximately 3.10 acres, she confirmed that there was no Power of Attorney.

The Unanswered Questions

I then explained my final set of questions was about the legacy of the land and my Matriarch’s peace of mind. I asked if the beneficiaries were named and if there was an administrator. She again insisted that the PoA holders were the beneficiaries. I then asked her about a trustee like Amanah Raya. She advised against it, claiming they would take some percentage of our assets yearly, questioning why one would “fall into the tiger’s trap” of a trustee when they could manage it themselves.

I then asked a question to push for clarity. I said that I guess the reason why 7 years ago she provided a Power of Attorney instead of advising to consult Amanah Raya for a will was due to the very fact she believes that Amanah Raya is a big scam and is a tiger’s trap that takes some percentage of assents on paper from the testator, is that right? My attempt to force a clear answer was met with a defensive reaction. She responded that the fact I was asking this question showed I did not understand her previous explanation. I then calmly repeated her point, confirming, “So, to be clear, you believe a will is less strong, and Amanah Raya’s fees are a trap, and that’s why you chose the Power of Attorney?” She did not give a clear answer, and the moment ended without a full understanding.

I finally asked, if the Matriarch wanted to properly and legally manage the succession, why wasn’t a will prepared? She gave two reasons: that a will is costly (even though she later quoted a similar price for a PoA), and that a PoA is a more powerful document that “cuts short all the processes.”

After receiving copies of the two land grants, we left her office. On the way home, with the documents in my hands, I was left feeling confused and perplexed, because her legal explanations directly contradicted the general knowledge I had about succession—namely, the need for a will and a trustee—as well as my own research on Power of Attorney documents being valid only during the principal’s lifetime.

The final thought that lingered with me was a question I forgot to ask: If a Power of Attorney holder were to sell the land, who would receive the payment and the profit? I couldn’t shake the suspicion that the money would go to the holder, not our Matriarch. This would completely negate her purpose for selling the land in the first place—to have extra money for her needs and to repair her beloved village home. This single question perfectly captured the immense risk of the old, informal system we are now trying to fix.

On the next day I would devise a plan to clarify all the doubts I have after this meeting. The story continues as the next chapter unfolds. What will happen next? Join me and the 9 Acre Revival project to find out!