Divorce and Power of Attorney Execution

J

jimbojone

Registered User
Messages
9
Bit of a tricky one here that hopefully you legal minds can answer:

Scenario:
A person has a long running divorce case, stopping starting at the applications request due to medical reasons and others - then:
If that person becomes medically unfit and the power of attorney that they have create is execute providing their legal power to a 3rd party.

Can that 3rd Party continue to pursue the divorce on the persona behalf and would a judge be likely to grant it, given that the person who originally requested the divorce is no longer of sound mind?

OR
would the judge look unfavourably on the 3rd party continuing to push for a divorce?
 
I'm assuming first off that this was an Enduring Power of Attorney set up by Person A in favour of Person B and that Person B is not their spouse.

You would need to know what powers the EPA gives to Person B, it might have been limited to (say) medical or financial management.

The other question is if the EPA has been registered yet?
 
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