Giving Power of Attorney

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3littlefish

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If you are not in a position to (not able to cope) take a legal action against a 3rd party yourself, but you give a relative power of attorney to take legal action against another on your behalf,...... Are you on the hook if things go wrong? If the outcome of the action taken on your behalf goes against you, could you face legal costs and any adverse judgements?

thank you
 
There is not enough information there.

But, in broad terms, someone must take responsibility for a failed action. It would be a foolish person who, even if they legally could, which is not even certain, would take on an action on behalf of someone else. Its a sort of "pass the parcel" question.

mf
 
thanks mf1, to give the question some context.

Person A is wronged by person B.

Person A does not have the desire, energy, money or interest to challenge B in the courts.

Person C has vested interest in seeing A prevail over B and wants to challenge B on behalf of A in court. C asks for A's power of attorney in the matter which apparently is necessary in the situation.

A is reluctant to give this power of attorney as C as A is worried that if C loses or makes a mess of things that A will end up owing money or being countersued etc.
 
"Person A does not have the desire, energy, money or interest to challenge B in the courts."

In my view, that is "end of story".

I cannot see any way of C taking on an action on A's behalf without exposing A to risk.

mf
 
would be interested in seeing C's draft Statement of Claim.

If I were in Court on day such a case were started would consider taking bests on how far down the court the learned judge would throw the file.
 
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