unlicensed-practice pro-se power-of-attorney
Can a power of attorney allow you to act &quot;pro se&quot; on behalf of the issuer?
<p>Anyone can represent themselves in a court of law, if he or she doesn't want, or can't afford, a lawyer. On the other hand, only lawyers who have passed the bar in a state are allowed to represent others.</p>

<p>Suppose you have an aging parent (or other relative) that is certifiably "incompetent" but has given you the power of attorney. From the sound of it, this means that you would be able to represent this person "pro se" or through other means.</p>

<p>Is this true? Or is it a case where "power of attorney" doesn't confer the right to act as a lawyer for someone who is incompetent, even though it sounds like it does (to a layman).</p>

<p>Are there at least some forums, such as small claims court, where the "power of attorney" gives you the right to act as someone's "lawyer?"</p>

<p>For most civil matters the answer is "no". Small claims court is special since there are restrictions on using attorneys, and in that context, it depends on the rules. In <a href="http://www.in.gov/judiciary/files/small-claims-manual.pdf" rel="nofollow">Indiana</a>, the answer in their manual is no</p>

<blockquote>
  <p><a href="http://www.in.gov/judiciary/rules/small_claims/#_Toc414969481" rel="nofollow">Small Claims Rule 8</a> allows a person to appear at trial and, if he or
  she chooses, represent himself or herself and avoid the cost of hiring
  an attorney. However, a person is allowed to hire an attorney and have
  the attorney appear with him or her at the trial. A person who has
  power of attorney for another person may not represent that person in
  court.</p>
</blockquote>

<p>"Have the attorney appear with him or her at the trial" is pretty unclear, since it doesn't say whether the attorney can <em>represent</em> them. Rule 8(C)(1) states that "A natural person may appear pro se or by counsel in any small claims proceeding", which clarifies that they don't just mean "have at your side". In <a href="http://www.mncourts.gov/mncourtsgov/media/PublicForms/Conciliation%20-%20Small%20Claims%20Court/CCT101_Information-about-Conciliation-Court.pdf" rel="nofollow">Minnesota</a>, the answer is more emphatic "no":</p>

<blockquote>
  <p><strong>A power of attorney does not authorize a nonlawyer to file a claim, appear, or in any other way “represent” a natural person in 
  conciliation court.</strong></p>
</blockquote>

<p>As for allowing attorneys in small claims court,</p>

<blockquote>
  <p>Attorneys are only allowed to represent parties in conciliation court
  <em>with permission of the court</em></p>
</blockquote>

<p>(emphasis added). The situation in California is somewhat of a hybrid, but as I read it, it means that the incapacitated person is out of luck, which strikes me as surprising. <a href="http://www.dca.ca.gov/publications/small_claims/small_claims.pdf" rel="nofollow">They say</a></p>

<blockquote>
  <p>Self-representation is usually required. There are, however, several
  exceptions to this general rule: If the court determines that a party
  is unable to properly present his or her claim or defense for any
  reason, the court may allow another individual to assist that party.
  The individual who helps you  can only provide assistance—the
  individual’s participation in court cannot amount to legal
  representation, and the person can’t be an attorney.</p>
</blockquote>

<p>So this is most unlike Indiana is that you can't have an attorney, and all the person can do is "assist". So unless they just waive the rules, this means that if the individual is incapacitated, they cannot have recourse to small claims court.</p>
