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socallegalwork, Attorney
Category: Landlord-Tenant
Satisfied Customers: 144
Experience:  Attorney and licensed real estate broker with over twelve years of experience, specializing in landlord/tenant matters.
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My girlfriend has a hearing on April 28th, and she's not

Customer Question

My girlfriend has a hearing on April 28th, and she's not going to be able to attend it, she's going to be out of country.
She's from Brazil and she's currently living there.
The hearing is about a deposit paid at the beggining of a contract that was not given back.
How is it possible for her to give me the power of attorney, how can we do it so I'll go on behalf of her?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  socallegalwork replied 1 year ago.

Hello. I believe I can assist you.

I see two problems you and your girlfriend will face. First, it is very unlikely a court will permit you to represent her in court (which is essentially what you are asking of the court). A power of attorney would make you her "attorney in fact" (but not an "attorney at law") and depending on how it is drafted can authorize you to make legal decisions on her behalf . HOWEVER, representing someone in court is not one of those areas. Only an attorney admitted to practice in that particular court can represent your girlfriend.

Second, she is eventually going to have to appear in court if she expects to win. She will need to provide her side of the case, which means testifying in person before the court. This is particularly true if this is a small claims matter.

I would seek a continuance of the hearing until your girlfriend can make a personal appearance. If this is not a small claims matter, I would consider retaining an attorney to make court appearances on your girlfriend's behalf until the actual trial (when she will have to appear).