Agent Cannot Represent Incapacitated Principal in Divorce Action

The Superior Court has held that an incapacitated person can be represented in a divorce action only by a court-appointed guardian or guardian ad litem, and that an agent under a durable power of attorney cannot prosecute or defend a divorce action on behalf of an incapacitated principal. Berry v. Berry2018 PA Super 276, 197 A. 3d 788 (2018).

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