Friday, August 5, 2011

Can a durable power of attorney stand in place of the person you are suing in small claims court?

My ex boyfriend who I am suing for breach of contract in small claims court in Kentucky is trying to say his mother who is his POA is who I need to contact and to not contact him. He sent her to mediation and is now not understanding that according to KRS 369 text messages are considered a contract. He is refusing to return property and/or pay what he has already admitted in those text messages that he owes. As his durable power of attorney without him being incapacitated can she be at the court hearings in his place. She was his power of attorney because he was a contractor overseas, he has been back in the country since November of last year. He is only not showing up so he doesn't have to miss work.

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