Q: Does a power of attorney allow someone to discuss legal matters with lawyer or receive paperwork from their case?
I'm trying to get my sons record from his previous attorney and speak to him. The attorney says power of attorney doesn't give me authority to do that.
A: It could depend on the scope of the power of attorney and how it is worded. Some are general and allow a wide range of activities. Some are narrow in scope and restrictive, allowing only the activities checked off (as in some boilerplate formats offered by legal form vendors). Good luck
A:
A Power of Attorney (POA) is a legal document that allows you to appoint someone to manage your affairs, but its scope depends on how it's drafted. Typically, a POA can grant authority to handle financial and business transactions, make medical decisions, or perform other specific actions on behalf of the principal (the person who grants the POA).
In your situation, whether a POA allows you to discuss legal matters with a lawyer or receive paperwork from a case depends on the terms of the POA itself. If the POA explicitly grants you the authority to handle legal affairs, then it should allow you to communicate with the attorney and access relevant legal documents.
However, if the attorney is refusing to acknowledge the POA, it's possible that the document doesn't specifically grant you this authority, or there may be other legal reasons why the attorney is unable to comply. For example, confidentiality and ethical obligations might prevent the attorney from sharing certain information, even with someone holding a POA.
It's advisable to review the POA document to understand its specific terms and limitations. If you're unsure about your rights under the POA, or if you believe the attorney's refusal is unwarranted, consulting with another attorney who is knowledgeable about POAs and family law in New York could be beneficial. They can provide guidance on how to proceed and help clarify your legal rights and options.
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