Question about divorcing via proxy?

[Harmonygrl]

why would the mother need to be the power of attorney PRIOR to the surgery? someone a little stressed? come on ...

That was my thinking as well - but I think it is based on delaying and intimidation tactics, just my opinion.

 

[fairisfair]

To clarify, the final hearing date is scheduled a week before the surgery. Therefore, proceedings would be ostensibly complete before the surgery date, and COBRA is available. They agreed to a final hearing date and then waffled and are asking for a continuance, but my friend is going to contest it.

The purpose of this original post was to find out in this rather strange situation, how someone's mother could stand in and represent their daughter via power of attorney in divorce proceedings. I feel as if maybe the original topic is starting to drift, so I wanted to refocus this thread.

If the continuance is granted, then that's that and at least my friend tried to do what he thinks is right. However, if the continuance is not granted, then what? Can the mother "be" the STBX for legal purposes? What would happen in the case that the continuance is not granted, because the STBX is basically saying she cannot participate in her own case....

either the continuance will be granted, or she will have to represent herself (not eliminating the possibility of an attorney, or course) no Mom will NOT be representing her. Or standing in for her, or dressing up and pretending to be her. . . or anything else.

 

[Harmonygrl]

Thanks, fair. The odd thing is, she has an attorney but, he doesn't seem to be able to control her either (big surprise! ).

either the continuance will be granted, or she will have to represent herself (not eliminating the possibility of an attorney, or course) no Mom will NOT be representing her. Or standing in for her, or dressing up and pretending to be her. . . or anything else.

 

[Just Blue]

Thanks, fair. The odd thing is, she has an attorney but, he doesn't seem to be able to control her either (big surprise! ).

Harmonygirl...The STBX IS posting here....This IS her!!

https://forum.freeadvice.com/showthread.php?t=373443

You gotta have your friend copy her thread and show it to his attorney...

 

[Harmonygrl]

Thanks, baystategirl! I have followed a lot of this poster's threads, and it is uncanny (and very sad) how much this sounds like her. I have shown these to my friend and continue to monitor for more new postings. Thanks again!

Harmonygirl...The STBX IS posting here....This IS her!!

https://forum.freeadvice.com/showthread.php?t=373443

You gotta have your friend copy her thread and show it to his attorney...

 

[LdiJ]

either the continuance will be granted, or she will have to represent herself (not eliminating the possibility of an attorney, or course) no Mom will NOT be representing her. Or standing in for her, or dressing up and pretending to be her. . . or anything else.

I agree...with one proviso...

If by any chance the medical condition is serious enough or became serious enough, her mother could end up being court appointed as her guardian. In that case, her mom could end up litigating the case on her behalf.

Of course that's not likely here at all...but its something that should at least be mentioned.

 

[Just Blue]

Thanks, baystategirl! I have followed a lot of this poster's threads, and it is uncanny (and very sad) how much this sounds like her. I have shown these to my friend and continue to monitor for more new postings. Thanks again!

His attorney can subpoena to find out if it is her...He should at least show it to him.

 

[Ohiogal]

I agree...with one proviso...

If by any chance the medical condition is serious enough or became serious enough, her mother could end up being court appointed as her guardian. In that case, her mom could end up litigating the case on her behalf.

Of course that's not likely here at all...but its something that should at least be mentioned.

WRONG! Mother could NOT end up litigating the case on her behalf UNLESS she is an attorney. A POA would allow mommy to hire an attorney for her daughter but not to litigate for her. If she tried it she would be brought up on charges of practicing law without a license (unauthorized practice of law). A POA does NOT allow someone to litigate on behalf of someone else.

 

[LdiJ]

WRONG! Mother could NOT end up litigating the case on her behalf UNLESS she is an attorney. A POA would allow mommy to hire an attorney for her daughter but not to litigate for her. If she tried it she would be brought up on charges of practicing law without a license (unauthorized practice of law). A POA does NOT allow someone to litigate on behalf of someone else.

Sorry...I meant that her mother would be handling things WITH an attorney. I did not mean to suggest that her mother could do it without an attorney.

However, that does raise an interesting issue. What if someone did not have the capacity to represent themselves (say they were in a coma for example) and their "guardian" did not have the funds to hire an attorney. What would the court do in that instance?

 

[Ohiogal]

Sorry...I meant that her mother would be handling things WITH an attorney. I did not mean to suggest that her mother could do it without an attorney.

However, that does raise an interesting issue. What if someone did not have the capacity to represent themselves (say they were in a coma for example) and their "guardian" did not have the funds to hire an attorney. What would the court do in that instance?

Off the top of my head I would say legal aid. Or pro bono.

 

[Harmonygrl]

Thanks to everyone who posted -- I appreciate all the replies.

 

[LdiJ]

why would the mother need to be the power of attorney PRIOR to the surgery? someone a little stressed? come on ...

That isn't that strange...If I was going into major surgery I would give someone a power of attorney regarding finances and that sort of stuff....just "in case". Stuff happens.

 

[Harmonygrl]

While I agree that it is prudent to have a POA when undergoing surgery, don't you find it odd to give someone POA months/weeks before the surgery occurs, so they can in fact "stand in" and bear your responsibilities even before the surgery occurs?

Isn't this quite strange behavior for an adult to engage in, much less use as a legal strategy?

That isn't that strange...If I was going into major surgery I would give someone a power of attorney regarding finances and that sort of stuff....just "in case". Stuff happens.

 

[LdiJ]

While I agree that it is prudent to have a POA when undergoing surgery, don't you find it odd to give someone POA months/weeks before the surgery occurs, so they can in fact "stand in" and bear your responsibilities even before the surgery occurs?

Isn't this quite strange behavior for an adult to engage in, much less use as a legal strategy?

In this particular case you could very well be correct. However I can imagine medical scenarios where it might not be so strange.

 

[TinkerBelleLuvr]

What I questioned was the use of a POA that is meant for the surgery to be used a week PRIOR to the surgery for the divorce. This is someone who is trying to prolong the inevitable ...

If it were me presenting this in front of a judge, I would bring up every continuence, stall tactic, etc. and ask for this to be finished so that the STBX can become an X. It is time for X to grow up.