Christiansen v. Melinda

OPINION

MATTHEWS, Justice.

In this case we must decide whether an agent authorized to act on his principal’s behalf under a power of attorney may file and prosecute a civil action pro se in his principal’s stead. We hold that he may not.

I

James C. Sanders executed a statutory form power of attorney that appointed Ray Christiansen attorney-in-fact authorized to act on Sanders’ behalf in all matters relating to an apartment complex owned by Sanders. 1 On March 26, 1991, pursuant to his authority as attorney-in-fact, Christian-sen attempted to file a small claims action on behalf of Sanders. Lester…