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Can a Durable Power of Attorney, Power of Attorney or Attorney In Fact complete the Pre-Filing Counseling or Post-Filing Debtor Education on behalf of an incapacitated client?

April 26, 2017attorney COMPLETE counseling debtor durable Education fact post-filing power of attorney pre-filing

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Can a Durable Power of Attorney, Power of Attorney or Attorney In Fact complete the Pre-Filing Counseling or Post-Filing Debtor Education on behalf of an incapacitated client?

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NO. The Executive Office of the United States Trustees and the Bankruptcy Administrators have provided direct guidance on this issue and prohibit the completion of either session by an attorney in fact. Attorneys are also reminded that clients who cannot complete counseling or education due to mental or physical limitations are exempt from these requirements, although these exemptions are likely to be narrowly tailored by the courts.