Legal Question in Civil Litigation in New York
Power Attorney Rules Civil
I was granted power of attorney for my sick friend, who is being sued in civil court by debt collectors and could not appear. The court would not let me file a motion that my friend prepared, nor answer the calendar in this matter. I was not there to argue the motion, merely to submit it. I could find nothing in the court rules that prevents me from doing this as I understand the POA gives me the ability to act as if I were my friend. Am I mistaken? What are the rules in this area? Thank you for your help.
1 Answer from Attorneys
Re: Power Attorney Rules Civil
"A person who is not admitted member of bar may not practice law on behalf of anyone other than himself or herself regardless of authority purportedly conferred by execution of power of attorney." People ex rel. Field on Behalf of Field v. Cronshaw, 138 A.D.2d 765, 526 N.Y.S.2d 577