Can a plaintiff have their power of attorney agent file a complaint in small claims court for them? The plaintiff does not reside in reasonable proximity to the defendant, is elderly, in poor health, with dementia/Parkinson's disease. The action would occur through Las Vegas Justice court in Nevada. Can the agent appear, present evidance, mediate, etc.for him/her?
2 Answers from Attorneys
The power of attorney you refer to may or may not permit the agent to sue on legal claims. When the principal becomes incompetent, the authority of the agent may cease. Your attorney can explain further.
You will likely need to set up a guardianship in order to have someone else, the guardian, file a case on behalf of the adult ward.