What is the name of your state? California
I have a rather complicated question. Please bare with me I know this is long but the info is necessary.
When DufuX and I were still married we had a POA drawn up. It reads:
I *DufuX* residing at *address* do hereby appoint *Eme*, as my Agent to act in my name and place, and for my benefit and on my behalf with authority to do the following:
Take any and all legal steps necessary pertaining to enforcement of the Judgment of dissolution of marriage and all post-judgment orders pertaining to the dissolution of marriage of *First Wife* and *DufuX* Superior Court of California *county & case#*
I hereby grant to the above Agent full right, power and authority to do every act deed and thing necessary or advisable to be done concerning the above powers, as fully as I could do if personally present and acting, including but not limited to, acting as my Agent with regard to all rights to which I am entitled pertaining to the custody and the schooling of my minor son *Jrs name & b-day*
If any provision or part of this Power of Attorney shall or held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable to the greatest extent possible.
This POA shall become effective immediately, shell not be effected by my disability or lack of mental competence, and shall continue effective until my death; provided however that this Power may be revoked by me at any time by providing written notice to the Agent.
DufuX and FW (first wife) have court later this week. DufuX filed for a modification to visitation after not seeing Jr for 2 & ½ years…(he just quit showing up) Jr is 14yo and has had the same GAL since he was 4yo. FW & Jr have met with the GAL and he seemed to be agreeing with Jr that DufuX needs to go through rehab and joint counseling with Jr before any visitation. DufuX has not contacted the GAL and did not show for mediation. FW has mediators recommendation stating FW should have full legal and physical custody and IF any visitation is to take place DufuX & Jr must attend counseling first and then FW, DufuX, and Jr must all agree.
Now for the complicated part: DufuX has basically disappeared. He is no longer living at his last known address, his last known phone # is disconnected, and he did not show to my last court date nor has he attempted to contact our daughter since the end of June. He also has not tried to contact FW or Jr at all. We are reasonably sure DufuX won't show up to court as he has a no-bail warrant for arrest(drug related charge)
And now my questions: Can I go to the hearing and act on his behalf if he fails to show up?
I have a rather complicated question. Please bare with me I know this is long but the info is necessary.
When DufuX and I were still married we had a POA drawn up. It reads:
I *DufuX* residing at *address* do hereby appoint *Eme*, as my Agent to act in my name and place, and for my benefit and on my behalf with authority to do the following:
Take any and all legal steps necessary pertaining to enforcement of the Judgment of dissolution of marriage and all post-judgment orders pertaining to the dissolution of marriage of *First Wife* and *DufuX* Superior Court of California *county & case#*
I hereby grant to the above Agent full right, power and authority to do every act deed and thing necessary or advisable to be done concerning the above powers, as fully as I could do if personally present and acting, including but not limited to, acting as my Agent with regard to all rights to which I am entitled pertaining to the custody and the schooling of my minor son *Jrs name & b-day*
If any provision or part of this Power of Attorney shall or held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable to the greatest extent possible.
This POA shall become effective immediately, shell not be effected by my disability or lack of mental competence, and shall continue effective until my death; provided however that this Power may be revoked by me at any time by providing written notice to the Agent.
DufuX and FW (first wife) have court later this week. DufuX filed for a modification to visitation after not seeing Jr for 2 & ½ years…(he just quit showing up) Jr is 14yo and has had the same GAL since he was 4yo. FW & Jr have met with the GAL and he seemed to be agreeing with Jr that DufuX needs to go through rehab and joint counseling with Jr before any visitation. DufuX has not contacted the GAL and did not show for mediation. FW has mediators recommendation stating FW should have full legal and physical custody and IF any visitation is to take place DufuX & Jr must attend counseling first and then FW, DufuX, and Jr must all agree.
Now for the complicated part: DufuX has basically disappeared. He is no longer living at his last known address, his last known phone # is disconnected, and he did not show to my last court date nor has he attempted to contact our daughter since the end of June. He also has not tried to contact FW or Jr at all. We are reasonably sure DufuX won't show up to court as he has a no-bail warrant for arrest(drug related charge)
And now my questions: Can I go to the hearing and act on his behalf if he fails to show up?
