If I have durable financial POA for my Father, can I represent his interests in divorce or must I have guardianship?

Believe me, from someone who's spent almost all her working life working for law firms....if you have confidence in your father's attorney, stand back and let him/her handle it.

I assume you've seen sword fighting? Just think of a divorce proceeding as a sword fight with verbal instead of sharp metal bladed swords.

Any kind of litigation, especially adversarial proceedings such as divorce, is not for someone who doesn't have the experience in dealing with aggressive attorneys. It takes someone who's experienced in verbal combat. The wife's attorney will literally "chew you up".

In addition, your involvement could very easily jeopardize your father's position, especially if you involve yourself with making decisions.

Once your attorney has filed an appearance on your father's behalf, he/she alone can represent him.

Litigation is often a finely and delicately played out game, like 2 tennis pros lobbing balls into each other's court. There's a rhythm as well as protocol, not to mention court rules. But the game can also be akin to male lions fighting for dominance and territory - anything goes. It is NOT for someone with no legal experience.

Better to express your desires to protect your father and allow the attorney to handle the ogre on the other side of the table. Your attorney will negotiate down the wife's demands.

I'm assuming, however that your father's attorney is a family law or divorce lawyer. If not, you need someone with that specific practice area experience.

Sorry, I reread your last post and see that he does, indeed, have legal representation. Then I would just let them do their best. It may be that Dad will not have to appear in court unless there is a hearing. If it is mediated beforehand, there would be no hearing as everything would be settled out of court. Divorce is always stressful, I don't care who you are.

Then maybe mediation would have been helpful after all.

I'm assuming by your usage of the word "the wife" that this is not your mother. Have they been married long? Has it been a marriage in the real sense of the word? Maybe there is a loophole somewhere that a lawyer could help with. A very aggressive and intimidating lawyer would be helpful on his side, too. Should be a 50/50 split at best.

Yes, there is an attorney representing my father; I am attempting to help my father to have a background role -- not have to participate in mediation, testify in a court hearing . . . not have to even be in the courthouse, all of which causes him great distress. If my having Durable Financial POA would accomplish that, it is a much less expensive and cumbersome process, which would be most helpful. I'm gathering from the attorney that guardianship is the only way to permit Dad to step back from these issues. BTW, the wife wants everything (the moon, the stars and a unicorn) and her attorney is very aggressive and intimidating.

Yes more info. If this divorce is in any way adversarial you need a lawyer regardless of POA or guardianship issues.

I think we need more information.