• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

General POA Question

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Keezee

Member
What is the name of your state? Virginia

I've been doing a lot of research for a court case my fiancé has coming up. It's a fairly simple traffic issue, but if she grants me POA will I be able to speak on her behalf during the hearing?

If yes, will she need to be present?

Also, I can't find any forms or anything to initiate that process, any suggestions?

Thanks!
 


Dandy Don

Senior Member
Why can't she appear in court herself? This is not what POA is used for. If you are a witness you can appear a such in support of her position.
 

Keezee

Member
She can appear in court but she wants me to be able to represent her. I'm not a lawyer so I technically can't do that. My question is if I had POA could I speak on her behalf during a court hearing?

Thanks!
 

moburkes

Senior Member
She can appear in court but she wants me to be able to represent her. I'm not a lawyer so I technically can't do that. My question is if I had POA could I speak on her behalf during a court hearing?

Thanks!
Nope. You need to be a lawyer to speak on her behalf.
 

Keezee

Member
Are you sure?

The form I found says this:

(11) Prepare, sign, and file documents with any governmental body or agency, including, but not limited to, authorization to:

(a) Prepare, sign and file income and other tax returns with federal, state, local, and other governmental bodies.

(b) Obtain information or documents from any government or its agencies, and negotiate, compromise, or settle any matter with such government or agency (including tax matters).
 

Keezee

Member
Does that change if she is unable to appear in court?

I would like to accept the answer as no, but why please?
 

Keezee

Member
This is posted on our state court FAQ:

What is a power of attorney?

A Power of Attorney is written authorization giving someone else the power to act on your behalf. The power may be given for a limited time period or for a specific task. Also, it may be given generally for all business, personal and legal affairs and for an indefinite time period.

I consider a court hearing a legal affair... I'll just call them.
 

Keezee

Member
You can do whatever you'd like.
I haven't been able to get much clarity today... I called the clerk and they literally said "I don't know" then checked - I was on hold for a long time and she came back and just said it again. She said I was welcome to come in and testify, but I want to plea bargain.

I found another POA form and it says this:

_______ (I) Claims and litigation. To commence, prosecute, discontinue, or defend all actions or other legal proceedings touching my property, real or personal, or any part thereof, or touching any matter in which I or my property, real or personal, may be in any way concerned. To defend, settle, adjust, make allowances, compound, submit to arbitration, and compromise all accounts, reckonings, claims, and demands whatsoever that now are, or hereafter shall be, pending between me and any person, firm, corporation, or other legal entity, in such manner and in all respects as my Agent shall deem proper.

moburkes I'd loved to know your credentials... I do not doubt you I just don't want to go to the courtroom and look like a fool.

Thanks again.
 

BlondiePB

Senior Member
I haven't been able to get much clarity today... I called the clerk and they literally said "I don't know" then checked - I was on hold for a long time and she came back and just said it again. She said I was welcome to come in and testify, but I want to plea bargain.

I found another POA form and it says this:

_______ (I) Claims and litigation. To commence, prosecute, discontinue, or defend all actions or other legal proceedings touching my property, real or personal, or any part thereof, or touching any matter in which I or my property, real or personal, may be in any way concerned. To defend, settle, adjust, make allowances, compound, submit to arbitration, and compromise all accounts, reckonings, claims, and demands whatsoever that now are, or hereafter shall be, pending between me and any person, firm, corporation, or other legal entity, in such manner and in all respects as my Agent shall deem proper.

moburkes I'd loved to know your credentials... I do not doubt you I just don't want to go to the courtroom and look like a fool.

Thanks again.
Plea bargains = attorney's job.

Third parties do not have to accept a POA. Your friend is competent and must speak for him/her self. Like moburkes correctly stated, you can testify.

moburkes is a dog broomer, oops... I mean groomer. :cool:
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top