If a person is incarcerated, can another person with power of attorney represent them in a divorce proceeding?

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If a person is incarcerated, can another person with power of attorney represent them in a divorce proceeding?

Asked on October 16, 2012 under Family Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

No. A power of attorney does not in fact make a person an attorney or lawyer--in that sense, it's a very misleading term. It basicallly makes the receipient of the power (the "attorney in fact"--again, a misleading name) the agent or manager of the person who granted the power. However, only an actual lawyer, admitted the bar, can represent another person in legal proceedings. The person with the power could hire the attorney for the incarcerated person, manage the attorney, pay the attorney, etc.--but still needs an attorney.


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