No that's just the clerk lacking knowledge of FRBP 1004.1. There is only a POA at issue if petition signed as the debtor's attorney in fact. Next friend is solely a creation of the FRBP and not based upon a written grant of consent by the debtor.
Mark Jessee
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> On Mar 12, 2015, at 7:27 PM, 'Desiree Causey 714-372-2225'
causeylaw@gmail.com [cdcbaa] wrote:
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> On my last case that I had wife sign as next friend of husband, I was requested to provide a POA by the clerks office. Is this common?
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> Desiree Causey, Esq.
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> Sent: Thursday, March 12, 2015 6:37 PM
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> Subject: [cdcbaa] Next Friend question...
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> Can a wife be "next friend" for bankruptcy signing purposes for her husband? I need to file a joint case, because property is in husband's name, but husband is in the early stages of Alzheimer's (and we'll need the disability exemption for the home), but can't have husband signing the petition if he's mentally disabled. Can wife do it (i.e. sign for both of them), or does there need to be a more formal appointment by a court?
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