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Power of Attorney

Hollywood, FL |
Filed under: Estate planning

If I'm currently out the country, can my agent/POA retain a lawyer on my behalf to fight a foreclosure suit? If yes, Will my agent have to go appear in court with the counsel?

Attorney Answers 4

Posted

Yes, your designated agent can retain counsel on your behalf, if the power of attorney specifically gives that ability to your agent to do so. The retained counsel will be able to make the decision if whether the agent needs to attend hearings; however, it is unlikely the agent will have to appear, since the attorney is hired to be your represented party in the suit.

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Posted

I agree with the previous response. As long as your POA grants your agent the power take actions with respect to legal claims on your behalf, then yes, your agent will be able to retain a lawyer, and should be able to handle your legal affairs accordingly. Your agent won't necessarily have to appear in court with counsel. If your current POA does not specifically grant those powers to your agent, you could always execute an amendment to the document giving them the powers they need in order to serve in this capacity.

Hope this helps.

This answer is in response to a general legal question and is intended for informational purposes only. It does not constitute legal advice. Use of this website and its e-mail link does not create an attorney-client relationship with Attorney Mekdsy. Messages with confidential information should not be sent to Attorney Mekdsy via the e-mail link. The information provided in this answer must not be used as a substitute for consulting with an attorney. Brian Mekdsy is licensed to practice law in the Commonwealth of Massachusetts only.

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Posted

Depends on the terms of the POA, but it is possible. The POA has to be effective as of now (and w/out your incapacity)

This is not legal advice nor intended to create an attorney-client relationship. The information provided here is informational in nature only. This attorney may not be licensed in the jurisdiction which you have a question about so the answer could be only general in nature. Visit Steve Zelinger's website: http://www.stevenzelinger.com/

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Posted

If the power of attorney empowers the attorney in fact to hire counsel to represent your interests, then YES, your agent can hire an attorney; but he/she won't have to go to court unless he/she is testifying as a witness.

Please visit our website at www.411FlaLaw.com and watch our video. It is an eye-opener to most people who have no idea how much Planning they can actually do in their Estate Plans. If interested, contact us to inquire about special low cost monthly financing of your estate planning fee. You may be very surprised at how affordable a comprehensive estate plan for your whole family can be. The above answers are not legal advice and should not be relied upon until you meet with an attorney and review all of your particular facts and circumstances. This forum does not create an attorney-client relationship.

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