Legal Question in Civil Litigation in Maryland

Power of Attorney Plaintiff

Can a person (son) who has both financial and medical Power of Attorney for his mother, file a complaint against another in Small Claims Court on behalf of his mother, even though her mother is not totally incapacitated or ill at the present time? (He is attempting to collect on a promissory note debt that is not being paid back to his mother.) Thank you so much!


Asked on 6/17/03, 4:08 pm

2 Answers from Attorneys
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Power of Attorney Plaintiff

Depending on the power of attorney, it may grant the power to bring suit in her name. However, the case will likely be dismissed where mother is not incapacitated. Where she is incapacitated then a general durable POA is required.

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Answered on 6/21/03, 4:37 pm
Daniel Press Chung & Press, P.C.

Re: Power of Attorney Plaintiff

No. A power of attorney does not allow one person (non-lawyer) to sue on behalf of another. Mom would have to sue on her own or hire a lawyer.

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Answered on 6/17/03, 4:39 pm


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