Thursday, October 18, 2012

Q&A: If I give my father my power of attorney, can he appear as me in court?

Question by Lani: If I give my father my power of attorney, can he appear as me in court? I have been having an ongoing issue with my ex-husband in collecting money for our children's college education. He agreed to pay half and it is documented in our divorce decree. We have been to court 3 times in the last 2 years and each time he has agreed to pay a certain amount. He and his lawyer have been provided with the account numbers for each child and I told them to email me and I would set up an authorized payee account so he could pay online directly. To date not a penny has been paid. The court is located in Springfield, Ohio and I now live in Orlando, Florida. Every time I have to go back to court to fight this, it requires me to fly back to Ohio, burn vacation time, and then nothing happens. If I sign a Power of Attorney over to my father, can he go in my place to these court proceedings? My lawyer retired last week and I really don't have the extra money to hire a new one at this point so I am basically representing myself pro se. All I want at this point is a wage garnishment to be paid directly to the student loans, or if that isn't possible, directly to me to distribute to the loans myself. I would have it go to the girls, but a wage garnishment, to my knowledge, cannot be split. Any advice would be appreciated. Best answer:

Answer by Sans Deity
No, power of attorney is for giving someone the ability to act as you when it comes to medical or financial decisions, not court proceedings. The only way your father could act in this manner would be if you were physically incapacitated, like being in a coma or something.

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