Agent for inmate divorce

What is the name of your state (only U.S. law)? California
I have been appointed "Power of Attorney", for an inmate. His request is to file for divorce. I have the legal documentation and I am filling it out. My question is regarding the "format" or "wording" in the heading. for example:
Respondent: I list his first last name, do I need to add "representing" or "agent" or "power of attorney" then list my first and last name? if not how do power of attorney usually identify themselves (if at all) on the legal headings and endings?

Address: Since he is in Jail, I suppose I would list my address? right?

Does anyone have the answer to these questions? I live far from the legal help and it always takes two or more hours.

I appreciate your help...What is the name of your state (only U.S. law)?

grenade14 said:

What is the name of your state (only U.S. law)? California
I have been appointed "Power of Attorney", for an inmate. His request is to file for divorce. I have the legal documentation and I am filling it out. My question is regarding the "format" or "wording" in the heading. for example:
Respondent: I list his first last name, do I need to add "representing" or "agent" or "power of attorney" then list my first and last name? if not how do power of attorney usually identify themselves (if at all) on the legal headings and endings?

Address: Since he is in Jail, I suppose I would list my address? right?

Does anyone have the answer to these questions? I live far from the legal help and it always takes two or more hours.

I appreciate your help...What is the name of your state (only U.S. law)?

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Witha POA you CANNOT file for divorce or represent him in legal issues. ALL you can do is hire him an attorney. Why do you believe you have the right to file a divorce for him?

Ohiogal said:

Witha POA you CANNOT file for divorce or represent him in legal issues. ALL you can do is hire him an attorney. Why do you believe you have the right to file a divorce for him?

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Furthermore, OP seems to be getting dangerously close to practicing law without a license - which is a pretty serious no-no.

California POA

The reason I believe that I am able to represent him is because I have been to the legal help center in the court and they have not said otherwise. In fact they have instructed me what documentation to fill out.

Of course, this doesn't mean that there isn't a law that states that a POA isn't allowed to act as an agent on his behalf. I am not actually going to the courtroom for him, yet, I am simply in the process of filing the paperwork. If his wife decides we need to go to court then, I guess we will have to cross that bridge then. she had originally filed about a year ago, he did not respond at that time, so I am responding to her for him, hoping that she doesn't take it to the court room. I have also filled out a financial waiver for him.

So, with that said I wonder if it wouldn't be advisable to keep my name off of the documentation and fill it out as if it was him. Please give me your opinion on the situation.

Thanks

grenade14 said:

The reason I believe that I am able to represent him is because I have been to the legal help center in the court and they have not said otherwise. In fact they have instructed me what documentation to fill out.

Of course, this doesn't mean that there isn't a law that states that a POA isn't allowed to act as an agent on his behalf. I am not actually going to the courtroom for him, yet, I am simply in the process of filing the paperwork. If his wife decides we need to go to court then, I guess we will have to cross that bridge then. she had originally filed about a year ago, he did not respond at that time, so I am responding to her for him, hoping that she doesn't take it to the court room. I have also filled out a financial waiver for him.

So, with that said I wonder if it wouldn't be advisable to keep my name off of the documentation and fill it out as if it was him. Please give me your opinion on the situation.

Thanks

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You don't have the right to do that. As a POA you cannot represent his interests LEGALLY. You can't. You cannot file paperwork for him nor can you go to court for him. That is called the unauthorized practice of law.

Thank you

Thank you for informing me what I should have been informed of when I was at the legal help center.

How does an inmate in California file a response for a divorce, hopefully I can help assist him in filing the documents hisself.

Any suggestions...

grenade14 said:

Thank you for informing me what I should have been informed of when I was at the legal help center.

How does an inmate in California file a response for a divorce, hopefully I can help assist him in filing the documents hisself.

Any suggestions...

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YOu take the papers to him and he completes them totally and then gives you the proper filing fee which he can mail to the court with service instructions so that the parties are properly served OR you can take to the court and hand to the Clerk's office. He then requests a phone hearing or other way of attending from where he is located or he hires an attorney or YOU hire an attorney for him. As his POA you can hire an attorney to represent him.

Court Clerk who works in CA courts would have more specific information pertaining to California courts as mine is general.

Ohiogal said:

Court Clerk who works in CA courts would have more specific information pertaining to California courts as mine is general.

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California apparently has a very good self-help program, as well. However, this is one of those cases where OP should really limit his/her efforts to picking up forms and delivering them or hiring an attorney to represent the inmate. Offering advice even on simple matters like how to fill out a form could get OP in trouble.

Many Thanks

Again thank you for bringing this matter to my attention. I had a feeling something was amiss, due to the fact that I couldn't get an good example from anyone. Although the legal help center could have saved me a lot of headache by having a little more knowledge than they do.

Kindest Regards

Most prisons have the forms to fill out right in their law library. There's actually NOTHING for the OP to do as people file for divorce from prison every. darn. day.

OG and Misto are correct, this smells of practicing law without a license and can land the OP in a heap of problems, especially if he/she doesn't do something right. I have no idea why people believe the self help center is there to provide answers to EVERY QUESTION UNDER THE SUN. That is not, nor has it ever been their function. They are called the SELF help center for a reason. They are not (for the most part) attorneys.