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MDLaw, Attorney
Category: Business Law
Satisfied Customers: 6135
Experience:  Experience in business law, contract law and related matters.
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This question is about a not for profit center my mother established

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This question is about a not for profit center my mother established while going through her papers I found a document that state" In the case of incapacitation of Ruling Elder Edna Dillard, the equal and authoritative rights of final decision making power is allotted to that of the Governing Board. We do give the authoritative signing and speaking rights to final decisions power to Executive:XXXXX XXXXX ." this is on the center's letterhead and signed and notarized with the members signature. I am wondering if this document had any meaning do I have any power for the center, my mom is deceased and this document was done in 2007 would it still be in force now. If you need further information please let me know
Hello and thank you for using the Just Answer website. I look forward to assisting you.

Does the non-profit still exist?
Customer: replied 4 years ago.

yes. they are still in existence with governing board. there was no updates to anything prior to her death july 20 2012

Your initial question asked if you had any power over the center? Are you saying that you are a member of the Board? Are you XXXXX XXXXX? Are you asking if that document gives you control of the non-profit? If not, please clarify what you are asking so that I can assist you. Thanks.

Customer: replied 4 years ago.

YES I AM XXXXX XXXXX I am not on the board, I am the daughter of the founder of the center and yes I am asking if this document does anything about what power I do or do not have.

Ahh, okay. That clarifies things.

According to the language that you have quoted, the Governing Board is who is left in power, even though the document does not address your mother's death and only her incapacitation. The document refers to you as an Executive of the non-profit and states that you have signing rights as well as speaking rights. It also states that you have final decisions power. Obviously that conflicts with the first sentence. The second sentence is not very well drafted and appears to have some issues of grammar which make it difficult to interpret legally. This, of course, will only be an issue if the Board disagrees with the interpretation of the document.

If there are no subsequent documents, however, and no timeframe listed on the document, there is no reason why that document would not be enforceable.

Please let me know if you need any additional information.

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