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My wife is very ill medically, and she signed notarized a…

My wife is very ill...
My wife is very ill medically, and she signed notarized a General Power of Attorney. On line number four (4) it reads, "Take any and all legal steps necessary to collect any amount or debt owed to me, or to settle any claim, whether made against me or asserted on my behalf against any other person or entity."She had me collectively prepare an answer for court. I made copies and submitted it to the court. On the signatory line I typed, ‘Respectfully ***** ***** MY NAME (Typed), Pro Se for Defendant followed by her Full Name, address and telephone number.’ Moreover, she does appear each and every time before another notary where she printed and signed her name on the verification part as needed for the answer(s) and on other court papers.We cannot afford an attorney and in the past we discovered that free attorneys are basically useless as we have had numerous horrible experiences.Is there anything legally wrong with the answer’s presentation above, if so what is needed to correct it?
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Answered in 4 hours by:
3/18/2018
Attorney Wendy
Category: Legal
Satisfied Customers: 536
Experience: Member at Keefer & Keefer LLC
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Hello. My name is ***** ***** I am an attorney. A couple of things about your handling your wife's affairs pursuant to the General Power of Attorney. You will want the signature line on anything where you sign for your wife to be something like the following:

Signature Line

Your Name Typed

As Agent, pursuant to A General Power of Attorney, for

Your Wife's Name, followed by Pro Se (so the court is clear that she does not have an attorney acting on her behalf but just you as her agent standing in her place)

Wife's Address Typed

There is no exact language you need, you just want to be clear that you are acting as her agent, meaning you essentially step into her shoes/place when she cannot do it herself such that your signing such documents has the same effect as if she had signed them herself. If you want to be extra safe with the answer, you may consider calling the clerk of court and asking if when acting as her agent under the General Power of Attorney in this court case, they need a copy of that Power of Attorney.

I hope this is helpful. If you need additional assistance, please reply to this email. If I answered your question and provided excellent service, I would greatly appreciate a 5 star rating at this time.

Please note: This information is ​for educational purposes only and is not legal advice. No course of action is being proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.

Attorney Wendy
Category: Legal
Satisfied Customers: 536
Experience: Member at Keefer & Keefer LLC
Verified
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Customer reply replied 1 month ago
I have alread submitted documents in the manner that I sent to you. Also, attached to the answer or other documents I name the Power of Attorney as an Exhibit. Do you believe this will suffice in court until the next motion or other is due?

That should be fine; the key thing with an answer is to get it in on time. Should any issue be raised about exactly how it was signed, which I wouldn't expect, you can simply ask the court for permission to amend the answer to fix that clerical error. But again, I believe you should be fine, especially with the Power of Attorney as an exhibit.

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Customer reply replied 1 month ago
Thank you for your answer; however, each and every time that I have shown up in court with my wife present and with the General Power of Attorney in hand and filed inside of the record this court and the plaintiff seemingly wants to dismiss the fact that I have never signed my wife's signature in which she herself (my wife) confirmed/stated or represented myself other than an Agent in accordance to the General Power of Attorney. Do you know of a case to cite, please?

Most of the rules governing Powers of Attorney in New York are found in the New York Genera Obligations Law starting at Section 5-1501. As long as the power of attorney was done properly, there should be no issue with you conducting the litigation on her behalf. You may want the next time to expressly ask the court how they want the documents signed to ensure no future issues. I wish I could be more specific but I can't tell what the plaintiff or the court's objection is to how you have been signing and handling the case.

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