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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 118248
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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For PaulMJD Following up on my last question. Since the

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For PaulMJD

Following up on my last question. Since the Judge has forced my mentally diabled son pro se at his upcoming competency hearing without any professional opinion at this time that he is competent do I have the authority to speak on behalf of my son in federal court since I have his power of attorney to do so. The Judge, at the last proceeding denied me to do so.
Thank you for your follow up question and for asking for me again.

I am afraid that you cannot speak on his behalf as you are not a licensed attorney and cannot represent him. Your son if he is representing himself pro se can call you as a witness, but you cannot be used as an expert regarding his mental health condition as you are also not a licensed doctor. It is the classic catch 22. He needs to have a licensed attorney and they have to file a motion for a psychological examination by a licensed psychologist and you do not have any legal basis to do this on his behalf even as his power of attorney as that does not give you power to actually represent him in a legal matter (it would give you power to hire legal counsel for him only).

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