Grace>Karma Posted May 14, 2009 Report Share Posted May 14, 2009 Motion hearing - not trial - in South Carolina.Can my spouse represent me if I give temporary POA? Link to comment Share on other sites More sharing options...
admin Posted May 14, 2009 Report Share Posted May 14, 2009 I don't think so. That would be practicing law without a license. Link to comment Share on other sites More sharing options...
newryman Posted May 14, 2009 Report Share Posted May 14, 2009 No. Link to comment Share on other sites More sharing options...
nascar Posted May 14, 2009 Report Share Posted May 14, 2009 Can my spouse represent me if I give temporary POA?Nope, sorry. Link to comment Share on other sites More sharing options...
trueq Posted May 15, 2009 Report Share Posted May 15, 2009 but there is a way to get around that for future hearings. (This suggestion will not help with this hearing.)"Motion to Intervene" the spouse not named. You will need to give court a good reason like marital property is at risk. At that point the spouse can, as a real party in interest to the case, in essence, represent in the case as a pro se' party.I've done this 4 times when my wife got sued. She is scared to death of court. It allowed me to grab hold and argue the case.2 other times, the judge refused my intervention, but she saw me do it enough to make the argument. The intervention motion was the same motion and reasoning, just different judges. That's why court is crazy, anything can happen. Boston Legal is not too far from the truth when it comes to judicial charachterization!The drawback is: if you lose, the judgment is against both of you. (If its a marital property state, it makes little difference anyway, if its not a marital property state, it can make a big difference.) Link to comment Share on other sites More sharing options...
cbairey Posted May 15, 2009 Report Share Posted May 15, 2009 Motion hearing - not trial - in South Carolina.Can my spouse represent me if I give temporary POA?this is a tricky question, if your health is bad, mental "issues" ect could be a yes answer( good example is children of parents with dementia, best to talk with a atty about this, My husband &I did have a POA for my brother in law while he was in Iraq, and we took care of alot of stuff for him, Including selling his home, BUT the POA must be very specific as to what your role is , a general POA, is NOT the same as a medical POA , or finacial POA Link to comment Share on other sites More sharing options...
newryman Posted May 17, 2009 Report Share Posted May 17, 2009 this is a tricky question, if your health is bad, mental "issues" ect could be a yes answer( good example is children of parents with dementia, best to talk with a atty about this, My husband &I did have a POA for my brother in law while he was in Iraq, and we took care of alot of stuff for him, Including selling his home, BUT the POA must be very specific as to what your role is , a general POA, is NOT the same as a medical POA , or finacial POAThere is case law in PA that you can not represent your spouse who is acting pro se. I suspect it exists in other states as well. Link to comment Share on other sites More sharing options...
FlaLawyer Posted May 17, 2009 Report Share Posted May 17, 2009 Motion hearing - not trial - in South Carolina.Can my spouse represent me if I give temporary POA?Call the court and ask for the hearing to be rescheduled. You may need to file a motion for continuance based on the reason you are unable to attend the hearing. Here in Florida, a non-lawyer spouse cannot represent a spouse at a hearing. Link to comment Share on other sites More sharing options...
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