Power of Attorney Allows Designees to File for Bankruptcy
An individual may file for bankruptcy on behalf of another person with a power of attorney. The document must specifically state that the attorney-in-fact (the designee to act on behalf of the signer of the power of attorney) can proceed to file a bankruptcy petition, appear at court, and take all other actions necessary to prosecute the bankruptcy case.
What is the Difference Between Limited and Durable Power of Attorney?
A "limited" power of attorney grants permission to a third party to act on a person's behalf to perform a specific task or tasks which are spelled out in the document. The "tasks", of course, must be lawful. A "durable" power of attorney is one that will still be effective if the person who signs the power of attorney becomes mentally incompetent, or under some other disability that prevents the person from revoking the power of attorney.
Power of Attorney and Bankruptcy
Once a limited durable power of attorney is executed, the attorney-in-fact can take the legal action(s) set out under the limited durable power of attorney. This can include the filing of a bankruptcy case on behalf of the signer of the power of attorney. It can also authorize the attorney-in-fact to appear in court and to testify to the financial information involved with the bankruptcy case filing.
If you need assistance with a power of attorney in connection with a bankruptcy case, CALL ME, I'll BE there for you. - Kevin Ryan of Ryan Legal Services.
Need to file for bankruptcy under power of attorney? Contact Ryan Legal Services, Inc online or call (251) 241-5234 for a free initial consultation. Saturday appointments are available. Reach out today.