So, latigo, are you saying, since you know so much, that a Durable Power of Attorney can not be next of friend??
Where have I intimated that a DPA can't be appointed "next of friend"?
But please explain what “next of friend” or “guardian ad litem” has to do with the issue. And what holding a POA or DPA has do with being court appointed to either “next of friend” or “guardian ad litem”. I know of no such criteria.
And thirdly do you know of any provision under the Ohio Revised Code where by “a next friend” can be appointed to represent the interests of a non-incapacitated inmate of a state penal institution? Because I haven’t found any reference to that subject mentioned in the ORC; several other references to “next friend” – minors, incapacitated persons - but none with respect to an incarcerated adult per se.
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The issue IS that what’s her face –who with her “insurance adjuster” mind set (we don’t hire you to spend company’s money) foot-notes each of her tinkering in here in upbraiding the American Judicial System as being nothing more than a cash cow –
- tells the OP that as the attorney-in-fact for his incarcerated nephew he has the full authority to “hire him a lawyer” to appear in small claims court on his behalf.
And I’m saying that a conscientious lawyer would not appear in court on behalf of an absent but fully competent adult litigant without having written authorization direct from the client – power of attorney or no bloody power of attorney - in prison or back on the streets doing his thing.
Now if you disagree, that is your privilege. But if unlike what’s her face if you are in deed a licensed practicing attorney then I doubt that you can honestly do so.
Furthermore, if ever so licensed - then same as I - you took a solemn oath “to uphold the dignity” of our courts.
Personally I have never looked lightly upon that oath and when people speak out in criticism and in disrespect of the system I INTEND TO SPEAK BACK!
Particularly to those such as this particularly critical individual who wouldn’t know a college of law from a Walmart Garden Center.