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GEORGIA LAW ALLOWS FOR “POWER OF ATTORNEY” TO BE GIVEN TO ANOTHER PERSON WHO DOES NOT HAVE TO BE AN ATTORNEY
by William M. Windsor, blogging at Lawless America
(May 21, 2011) — William M. Windsor has filed a Declaratory Judgment Lawsuit in Atlanta, Fulton County, Georgia.
The lawsuit asks the court to declare that a spouse, or other agent, may obtain a valid Power of Attorney from another citizen that allows the agent to act for the citizen in lawsuits, court, and all related matters.
This may establish an important precedent…. One of the many techniques used by our corrupt legal system is to force people who cannot afford or cannot justify an attorney to hire one. It is a way sleazy attorneys can (a) make money and (b) make it easy for the rich to prevail in court, because those forced to hire attorneys who can’t afford them will run out of money and throw in the towel or lose.
Courts call a party “pro se” when he or she represents himself or herself in court. Federal judges hate pro se parties, and it is my experience that they abuse them up one side and down the other. Personally, I’d rather deal with the corruption myself rather than pay an attorney and still be the victim of corruption.
Corrupt judges won’t even allow a husband to assist his wife, or vice-versa, when neither is represented by an attorney. I ran into this with Judge William S. Duffey in the United States District Court for the Northern District of Georgia. Judge Duffey wants to force my wife to hire an attorney when she isn’t even a party to the lawsuit.
When Judge Duffey threatened me with the unauthorized practice of law, a criminal violation, I did some research. My wife signed a power of attorney giving me full authority to act for her in the lawsuit. Judge Duffey rejected it, quoting some court decisions that were not Georgia law, which is where we reside and is the only law that should matter. The cases were not even from federal courts in this federal judicial district. I felt the cases were not valid, so I researched further.
Georgia law CLEARLY provides that a citizen of the state may sign a power of attorney giving another the authority to represent them in a lawsuit. Judge Duffey could care less, because he has tyrannical power, and his only goal seems to be to damage me any way he can.
I am fighting these crooks every way I can, so I did more research. The Georgia law is crystal clear! All of the model power of attorney forms available online include a paragraph that says:
Agent may… institute, supervise, prosecute, defend, intervene in, abandon, compromise, arbitrate, settle, dismiss, and appeal from any and all legal, equitable, judicial or administrative hearings, actions, suits, proceedings, attachments, arrests or distresses, involving me in any way, and in my behalf speak for me in open Court, in Judge’s chambers, or Clerk’s offices. Institute, supervise, prosecute, defend, intervene in, abandon, compromise, arbitrate, settle, dismiss, and appeal from any and all legal, equitable, judicial or administrative hearings, actions, suits, proceedings, attachments, arrests or distresses, involving me in any way, and in my behalf speak for me in open Court, in Judge’s chambers, or Clerk’s offices….
The Georgia statute O.C.G.A. § 10-6-5 says:
Whatever one may do himself may be done by an agent, except such personal trusts in which special confidence is placed on the skill, discretion, or judgment of the person called in to act; so an agent may not delegate his authority to another unless specially empowered to do so.
So, I have filed a Declaratory Judgment Lawsuit in Superior Court in Fulton County, Georgia. A declaratory judgment action is one in which the judge is simply asked to declare what the law provides. So, what does O.C.G.A. 10-6-5 mean? Does it mean that an agent may act for another as all the model power of attorney forms show? Declaratory judgment actions are usually handled in less than 30 days since it is simply a question of law.
I have taken this action more for the benefit of others than for myself. If Judge Constance Russell rules in my favor, then the federal courts and all other courts operating in Georgia should no longer be able to deny any non-attorney the right to represent another pursuant to a power of attorney. This will be a huge victory for pro se parties in Georgia as well as an important template that may be followed in other states.
I sued the chief judges of both the United States District Court for the Northern District of Georgia and of the United States Court of Appeals for the Eleventh Circuit. This should put every federal judge in Georgia on notice as to the law.
There are some important requirements of such a lawsuit. I had to include all of the parties to the lawsuit where I am seeking to use the power of attorney.
If this is of interest to you, research your state’s laws on power of attorney. It should only take a few minutes. Then you’ll have an idea whether your state theoretically allows one to act as agent for another in legal matters.