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May I use a power of attorney in order to act in my daughter's stead in a civil matter with which she is implicated? My daughter has been named in an ex-parte document; we attended the initial hearing; then my daughter got cold feet and couldn't talk when the judge offered the petitioner and the respondent, my daughter, a trial. She stated she wanted a lawyer--which we can ill afford. The hearing is on Sept. 14th. Please let me know.
Thanks.
Victoria Ries
Submitted: 75 days and 8 hours ago via
RocketLawyer
.
Category: Legal
Value: $58
Status: AWAITING CUSTOMER ACTION
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Optional Information
State/Country relating to Question: Missouri
Already Tried:
I have tried coaching my daughter with what to say to no avail. I am worried now because the judge is expecting my daughter and an attorney to arrive on Sept. 14th. We cannot afford one; we got a quote for $750 all upfront before the lawyer will even take the case. Would it be disrespectful to ask for a continuance on Sept. 14th. I am losing sleep over this. The allegations on the ex parte are half-truths. Yes, my daughter did call a number of times to the petitioner's residence, but for good reason. The petitioner is the girlfriend of my daughter's ex-boyfriend with whom she had a child, born March 10th. I believe this is an attempt to make my daughter out to be a bad mother to keep her away from her own child (her ex-boyfriend who is on the birth certificate, refuses to allow my daughter to see or have any contact with their baby. I have tried involving DFS and they wrote out a child order of protection which we took to the courthouse and filed with the judge. However, the judge threw it our for a reason unstated--perhaps my daughter misworded something. I should have helped her with the form which I now regret. I called DFS again just before the holiday weekend (Labor Day); nothing on that as yet. I have attempted to enlist the help of the local sheriff's office, but they say they can't help. Basically the ex-parte is an attempt to keep my daughter away from her own baby for ever. I need serious help. The ex-boyfriend is violent; I have three sheriff's reports for his violence against me when he lived here with my daughter. The latest incidence was the father shattering my van's back window--which he paid for after reporting it to the sheriff's office. The father has a history of violence and wrapping cars that he shouldn't be driving (he has no license) around trees. I only hope my granddaughter doesn't get injured or killed when he is driving illegally or when he is assaulting his girlfriend (frequently).
Answer
If you have a power of attorney that is general in nature, and not limited to specific use, then you can speak for her in court as if she were there present.
Expert:
INFOLAWYER
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Answered:
9/8/2009
Lawyer.
Licensed attorney helping individuals and businesses with their legal questions
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