I am considering a lawsuit concerning my elderly mother who fell and broke her hip in a nursing home (I already posed the question regarding the fall on Avvo). One my siblings has power of attorney regarding my mother's affairs. Can only the person with power of attorney start the legal action? can only the person with power of attorney request and collect documents/information regarding the incident? There seems to be a bit of reluctance/stonewalling regarding the filing of a suit on the person with power of attorney's part.
Only your mother can actually file the suit. If there is someone who has guardianship or power of attorney over her affairs, most likely that person is the only person who can bring suit on her behalf.
If your mother is actually adjudged disabled and there is a disabled adult estate open in her name, that administrator of that estate would bring suit.
Basically, it would make sense for you to visit a lawyer to understand what can be done and by whom before wasting time filing suits on behalf of people you may not be legally able to file on behalf of.
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