Legal Question in Family Law in Massachusetts
Can I, as POA, answer a complaint for modification of alimony served on my mother?
3 Answers from Attorneys
The answer to that question really turns on what powers the instrument grants and the circumstances under which those powers may be exercised (i.e., springing). Our office handles both family law and estate planning.
No. Only an attorney at law can file a court document for another person. You, as an attorney in fact, can hire an attorney at law to file an answer for your mother.
If the Power of Attorney is a Durable Power of Attorney and is immediately effective, then you may be able to act in her place for her. The DPOA must state you can handle all litigation matters or something similar.
While the DPOA allows you to act on her behalf as she would herself, the issue becomes is she sufficiently disabled that she cannot Answer the complaint for divorce or not.
Regardless, I would contact an attorney for assistance in handling the divorce. If you would like assistance please call me.