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AttyDort, Litigation Attorney
Category: Criminal Law
Satisfied Customers: 96
Experience:  Criminal and Civil jury trial expeirence; 17 yrs exp in state and federal courts.
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Can I file as a POA to seal a family members records? Do I

Customer Question

Can I file as a POA to seal a family members records? Do I need to send a POA document in with the motion? On form: PETITION TO SEAL ARREST AND CRIMINAL RECORDS OTHER THAN CONVICTIONS PURSUANT TO §24-72-702, C.R.S. The reason I am asking is this kid will not send it in. He's immobilized by fear.
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 2 years ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

As a Power of Attorney, you cannot represent your ward in any legal proceedings except through a licensed attorney. Thus, you cannot file a motion/petition in court on behalf of the person you are PoA for, you have the right as PoA to hire a licensed attorney to represent the family member and file the petition, but you cannot do it for him as a PoA as that would be considered unauthorized practice of law without a license.

Customer: replied 2 years ago.

Well then what do low income people do? They should have some type of law that give the low income people rights if they can't afford attorney don't they?

Expert:  Law Educator, Esq. replied 2 years ago.

Thank you for your reply.

I am sorry to say that one area that law fails people is in providing legal service to low income persons. In criminal cases, low income persons are entitled to legal representation. However, I am afraid in civil cases, you have to go to legal aid near you or call the state bar and ask for the pro bono attorneys in your area for assistance or go to the local law school, which would have a law clinic, for assistance.

Expert:  AttyDort replied 2 years ago.

The last expert's answer was in fact correct in my opinion.

He may not want to sign because there is some problem with one or more of the cases (or other outstanding cases) that he has not told you about.

But the bot***** *****ne is that you cannot do another adult's legal work for him or her. The law does not allow for it. If the adult does not want to sign, you cannot replace his consent with yours.

Exception: If he/she is disabled and you get a court order allowing you to act as his/her legal guardian.