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    justincurran7's Avatar
    justincurran7 Posts: 1, Reputation: 1
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    #1

    Mar 31, 2014, 01:30 PM
    Eviction using a power of attorney
    Can I appear in NY court for my father in law who lives in FL and is ill and unable to come to NY. I have a power of attorney from him. He wants to evict a tenant for non-payment. We have begun the process and at the initial hearing, this issue (POA) was brought up and the judge scheduled a trial so am I to assume that the POA is a non-issue?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Mar 31, 2014, 01:36 PM
    The phrase "power of attorney" causes much confusion. A POA makes you an "attorney-in-fact" for your father, but it doesn't make you an attorney at law. These are two entirely different things. Thus while you can sign legal documents (such as deeds, mortgages, notes, etc.) pursuant to the POA, unless you are licensed to practice law, you cannot use it to appear in court for the other person.

    Who knows. The judge may be going to overlook what I have told you. But I wouldn't count on it. The best bet is to arrange for your father to appear by telephone, if he cannot appear in person.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Mar 31, 2014, 02:36 PM
    I tend to disagree. If you represent yourself as your father's personal representative empowered to act for him in legal matters you should be OK. Just don't represent yourself as an attorney.

    I don't know what the POA actually says, but you might get one from him that specifically authorizes you to act for him in any eviction hearing.
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
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    #4

    Mar 31, 2014, 03:05 PM
    If the property is owned by an individual and not a corporation, partnership or LLC then the OP can appear in court under a POA as long as he informs the court that he is not an attorney.
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