Legal Question in Criminal Law in Michigan

Re: owi and power of attorney

It sounds like you have a court appointed attorney, right?

For more information, go to:

www.MichiganOUIDefense.com

Re: owi and power of attorney

I don't have a clue what that first attorney's reply meant ... or how it helped answer your question with another question. So let me take a whack at it.

A "power of attorney" does not mean that the person holding that piece of paper IS or BECOMES an "attorney at law" or has the power/authority of a lawyer. The word "attorney" means a person who has been designated or legally apointed to act as an agent and conduct transactions on behalf of another person. That usually means a person who has training and is licensed to conduct legal transactions on behalf of another person (e.g., file pleadings, examine witnesses and make arguments to a judge in a trial, etc.).

Someone with a "power of attorney" is given authority to do things in the place of another person, such as write checks, or sign contracts, or make decisions on behalf of the person's children. Their powers are specific, and may be time-limited. The courts are not involved in creating this relationship. It could be scribbled on a napkin.

This is different from a "legal guardian" or a "guardian ad litem" who has been given powers by a court order to make decision for a person who may be incapacitated to some extent. The guardian may have full/plenary powers to decide everything on the person's behalf, or may have limited powers (e.g., decide where the person lives). The guardian might also be given some control over the person's finances, or that might be performed by a conservator (also appointed in a court order).

A guardian or guardian ad litem could have a role during court proceedings, including meetings with attorneys, if that the guardian's court-specified powers extend to legal decisions by that person (such as pleading to a charge, testifying, etc.).

But, a "power of attorney" would probably NOT have that same role, because the powers given to that POA are limited, and don't extend to legal/constitutional decisions. The POA might be a close relative or friend. But the criminal defense attorney (whether apointed by the court or hired) has a legitimate need to conduct meetings with the client/defendant in private so they can review all case issues in total privacy, and not have outside interference by close relatives/friends (whoever well-meaning they are).