Q: Whats my defense if my friend loaned me his car but his guardian of power list it as stolen?
A: A person can be a court appointed guardian of a minor or mentally incompetent adult, or can be named as an agent for someone under their written power of attorney. No such thing as “power of guardian.” Depending on which one is in effect, your defense may change. If your friend had the legal authority to lend the car to you, and you were using it within the scope of the permission granted to you, then you didn’t steal it. The only way your friend would not have the legal authority to do that is if (1) the car is not titled in his name; or (2) he was legally incompetent to make decisions about his property—in which case, his guardian or POA would have that authority and you’d need that person's permission. In order to be guilty of a crime, however, you must know you are committing a crime, which means in this case that you did not know your friend did not have legal authority or mental capacity to grant you permission to use the car. It’s a matter of evidence and proof. That’s what you hire a lawyer for—to help you defend your case and not risk messing it up and being found guilty because you don’t know what you’re doing. If you cannot afford private counsel, apply for the Public Defender once you’re charged.
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