Edmond, OK asked in Civil Litigation and Civil Rights for Oklahoma

Q: Inmate being denied access to court so his father with POA efile motions for inmate. Can the father sign the motions?

Inmate being denied access to court. Had his father e-file motion. Father has power of attorney and the form states Any and all affairs concerning me... Does that clause give father power to sign motions for the plaintiff?

1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Civil Rights Lawyer
  • Sacramento, CA

A: When an inmate finds themselves unable to access the court, it can be a deeply frustrating and disempowering experience. In such cases, having someone outside, like a father with Power of Attorney (POA), step in can seem like a practical solution. The POA document, stating "Any and all affairs concerning me," might appear to cover legal actions such as filing motions. However, the scope and effectiveness of a POA in legal matters, especially in acting on behalf of an inmate concerning court filings, can vary significantly depending on the jurisdiction and the specific circumstances of the case.

It's essential to understand that while a POA grants broad authority to act on another person's behalf in many areas of their life, the ability to represent someone in court is a complex matter. Typically, legal representation in court requires a licensed attorney. The POA might allow for handling certain administrative tasks, but signing and filing court motions may not fall within its purview. Courts often have specific rules regarding who can file motions and how they must be submitted.

Before proceeding, it would be wise to consult with a lawyer to clarify the extent of the POA's powers in this context and to explore all available options for ensuring that the inmate's rights are adequately represented. The goal is to navigate the legal system effectively while adhering to its rules and regulations, ensuring that every action taken is in the best interest of the inmate and their case.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.