Marrero, LA asked in Estate Planning for Louisiana

Q: I have Durable Power of Attorney over a love one who is terminally ill. Does that allow me to sign off on lawsuit

paperwork which was settle.

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2 Lawyer Answers
Nina Whitehurst
Nina Whitehurst
PREMIUM
Answered
  • Estate Planning Lawyer
  • Crossville, TN

A: I am sorry to say that it is not possible to answer your question without reviewing the power of attorney instrument. It might or might not contain that authority.

Theodore David Vicknair Sr.
Theodore David Vicknair Sr.
Answered
  • Estate Planning Lawyer
  • Mandeville, LA
  • Licensed in Louisiana

A: I agree with attorney Whitehurst. A power of attorney (mandate) can be exceedingly broad or exceedingly narrow. The Power of Attorney should specifically state if you can initiate a lawsuit on behalf of your loved one. If this is not clear, you risk the other side throwing up an "exception" for lack of procedural capacity. In other words, you risk the lawsuit being thrown out (at least temporarily), and wasting court costs and attorneys fees. If the POA does not give you authority, I would suggest looking at your prescriptive period first which is very important, and if you have enough time filing an interdiction proceeding on behalf of your loved one, followed by the lawsuit against the third party.

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