View Full Version : Power Of Attorney Over An Inmate?


sweetthing421
05-13-2007, 10:23 AM
What Exactly Is This. And What Is Teh Description Of It. What Am I Suppose To Do.

zachashdor
05-13-2007, 10:37 AM
Hi, I got this when I had to file income taxes with my husband . This allows you to have power over his money. You need to get in touch with a lawyer for this document.

sweetthing421
05-13-2007, 11:20 AM
he got the papers from hsi social worker , but i was wondering what else does power of att. let u do. as in his health wise( he has a heart prob) and any other stuff

MrsPhil
05-13-2007, 03:59 PM
he got the papers from hsi social worker , but i was wondering what else does power of att. let u do. as in his health wise( he has a heart prob) and any other stuff
If he gives you pwoer of attorney it usually covers everything including health. I got the papers at Staples and filled them out and mailed them to Phil. I checked all the things I would have POA over. All he had to do was sign it and have it notarized at the prison. Now when I got POA for my Mom we did it through a lawyer. It was much more expensive because he did what was called a dual POA. One was for her health and one was for her money.

sweetthing421
05-13-2007, 08:30 PM
If he gives you pwoer of attorney it usually covers everything including health. I got the papers at Staples and filled them out and mailed them to Phil. I checked all the things I would have POA over. All he had to do was sign it and have it notarized at the prison. Now when I got POA for my Mom we did it through a lawyer. It was much more expensive because he did what was called a dual POA. One was for her health and one was for her money.


does he have to get it notorized in there or can he send them to me to get notorized? and on teh forms does it say which type of poa it is or when u ask for poa you have to write the type of poa u want to give? and is a copy of the poa papers suppose to be in his file at the jail? sorry if im a pain in the rear lol and what happens when u both sign it. you both get copies or how does this work>?

guvokikam
05-13-2007, 08:53 PM
I have POA for my "inmate" and he got the forms from the facility law library. The forms have a check list and he check marked them all. Meaning I have POA over his property, finances, heath and legal business matters. It basically covers everything.

Next, he had it notarized. In prison they have staff who are notaries. I have the original document and he has a copy for his personal records. I find it favorable when I am conducting business on his behalf. I spend much time doing business with his Indian agency, lawyer(s), and it makes it easier for me do banking transactions. Without it life would be full of frustrations.

Hope this information helps. By the way, if he wants you to have POA over him, he has to be the one to initiate it. If forms are not available, you can find out about having them sent it be signed by a notary. All good questions Sweetthing421.

sweetthing421
05-14-2007, 10:13 AM
thank you for giving me helpful information. yes he already got the forms and he filled them out, he just has to send them to me and i guess i send them back. he was just asking me since he should be going to craf within the next 2 or 3 wks what if he fills out his part and then i sign my part , if i coudl get it notorized out here and whenever he is allowed to recive mail at craf then i send him the copies. basically does it matter if i get it notorized or if he does? thank you so much.

QUEENDRURY
05-14-2007, 10:38 AM
i would like to know if you have to be married to be POA?

sweetthing421
05-14-2007, 11:21 AM
no u dont have to be married. although in teh future we will be getting married.hopefully in teh next 2 or 3 yrs lol. he has 2 more yrs before he can be eligible for parole. and from what ive read itsvery hard to get married in state prison. so if that doesnt happen we will get married asap when he gets home lol

guvokikam
05-14-2007, 01:42 PM
Sweething421, to answer your question, yes it does make a difference how the POA gets notarized. It would be in his best interest and yours that he have the forms notarized from inside.

No, one does not have to be married to have POA. I did not know my inmate prior to incarceration and that was not a factor. If you can get POA, you will be doing him a great service, by being his outside contact, his ally, his best friend, and his voice. It makes it easier to navigate through the legal maze, and push thorugh the obstacles for him. At times you may have to assert yourself, but hey, sometimes you need to cite policy to get people to do their job!

I hope this helps.

QUEENDRURY
05-14-2007, 02:28 PM
thanks so much.i am going to go for it!

mrschris
05-14-2007, 05:00 PM
the poa thing always confused me. whenever we did poa's for inmates and something serious went down, the poa really never seemed to hold up in court or legal law matters. it was just a peice of paper then with no real weight. so either it was done incorrectly, not filed, or SOMETHING.

how much LEGAL weight does a POA have? if God forbid something happens to an inmate and the POA comes into play, is it REALLY that strong of a peice of paper?

inmates where i was always had problems with their POA's it seemed. the document either "didn't cover this" or "didn't hold up under these conditions"...there was always an issue. not only that, but it wasn't a very detailed paper they were signing.

so is all of this just fluff or what? i really have always wanted to know that.

sweetthing421
05-14-2007, 06:46 PM
true mrs chris. so i guess i shoudl have him clearyly put on paper what exactly he wants me to have poa over. specifically health decision, money etc.

guvokikam
05-14-2007, 07:11 PM
I can only speak from experience...Here in Oklahoma I am able to go online and retrieve DOC policies. I assist my inmate and you know what they say, two heads are better than one. I have written to the warden and he wrote back. I do not want to go into that here, but the outcome was favorable.

In addition to having a POA, my inmate has land and a home. I am able to pay property taxes on his behalf, speak to banking institutions, whereas before I could not, but now with the POA I have no problem.

Furthermore, I do alot of faxing for on his behalf and they require the POA to do any business with me on his behalf. When things go bad, I can speak to those in position of power who are the movers and shakers to wield the sword of truth and justice.

It's true with the POA there is so much one can do all alone, but with team work there can be productive results. Without it my inmate struggled to create order for himself and others in an otherwise chaotic world. I am here to help, assist, and do what I can for him armed with my will, strength, and determination.

Above all else, if one is considering being a POA, he/she should make files for your records, just in case, I mean, one may never know who will question. Mine POA covers, heath, business, financial and tribal matters. I haven't had a major problem, but yet, there is always that possibility.

Anjewel
05-14-2007, 07:33 PM
I, too, can only speak from experience here in Florida.
I am Honey's Durable POA.
The difference in a Durable and regular POA is I have say so over EVERYTHING now AND IN SICKNESS AND DEATH.
I have been told that DOC here likes for the POAs to be renewed annually. It's not legally mandatory, as it specifically states until otherwise specified in writing.
Now, when I wanted an HIV test result, the DOC required him to specify that particular test. We had to get separate permission for that.
My Durable POA is two pages long and very detailed. It also states that no one will be held liable as long as they are acting under the power of that piece of paper and myself.
I have had to weld it only once and it was received with respect.
I also know that if two people have a POA over the same person the one that is dated most recently over powers the other.
I do not have say in who's on his visit/phone list. I don't have power over whether he gets medical attention UNLESS he's not conscious.
It's good for arguing with the state appeals board in Tallahassee. It's good for getting copies of things that would normally be 'washed' should someone not involved try to gain access.
That's all I can think of right now.
But, really, a POA is only as good as the people willing to accept it unless you have time, money and know how to fight them.
Make sure it states you will be held harmless as long as you can't be found guilty of harmful intention.
Shooga

sweetthing421
05-14-2007, 09:53 PM
ok so he got the forms from the social worker at the jail, so after he sends me the forms and i sign it and send it back tp him he gets it notorized and then what? cuz i read that it should be filed. so what does that mean. that after we sign it and gets it notorized are we suppose to go to court or what. i just want to make sure everything is done correctly as someone stated before most of teh time they dotn carry otu becuase it wasnt done correctly or not filed or soemthing. so should i make sure its a durable poa since he wants me to have say over everything?

MrsPhil
05-15-2007, 05:20 AM
ok so he got the forms from the social worker at the jail, so after he sends me the forms and i sign it and send it back tp him he gets it notorized and then what? cuz i read that it should be filed. so what does that mean. that after we sign it and gets it notorized are we suppose to go to court or what. i just want to make sure everything is done correctly as someone stated before most of teh time they dotn carry otu becuase it wasnt done correctly or not filed or soemthing. so should i make sure its a durable poa since he wants me to have say over everything?
You do not go to court for POA! All being filed means is that it will be in his file in the prison. Just have him send you a copy for your files when it is done. Yes, make sure it is a durable POA. It really is a lot more simple than everyone is making it out to be. There was not difference between the one I had done for my MOm at the lawyer's office and the one I bought at Staples and did myself except the price!

sweetthing421
05-16-2007, 10:35 AM
Make sure it states you will be held harmless as long as you can't be found guilty of harmful intention

what does this mean? foudn guilty of what?

Anjewel
05-17-2007, 11:09 PM
harmful intention
That's my word for a whole lot of legal speak and it essentially means that you won't be held responsible unless someone can prove that you meant intentional harm.

If you clear out his savings account and skip out on him, that's intentional harm.

If he asks you to put some of his money in stocks and the stock market crashes that was not intentional, even though you done it, because it was a direct request of his.

This could get messy unless you get him to put everything in writing.

Shooga

sweetthing421
05-17-2007, 11:53 PM
ok thanx for clearing that up for me. i was confsued lol

guvokikam
05-18-2007, 01:52 AM
Yes, get everything in writing create files for all business transactions.

This is how we do it, when my inmate asks me to write a letter on his behalf, I will type it up and send him a copy and keep one for my personal files OR better yet, he will write a letter, have me type it, send it back, so he can mail sign and send it where it needs to go. I always follow his lead.

However, when things demand attention I tend to be aggressive and advocate for my inmate (which rarely happens) Other than that, usually things work out to our advantage.

sweetthing421
05-18-2007, 01:40 PM
thank you for hsaring your experiences and info about teh poa. u guys are teh best. i love this forum

LCSJLB
05-18-2007, 06:51 PM
sweetthing421 my boyfriend sent me a noterized paper that he got in the law library in the prison he checked off the things that were listed he had it noterized in the prison and sent it to me it is poa over his belongings and any legal matters he needs handled

RaysHeart
03-14-2008, 10:09 AM
My man wants me to be his Power of Attorney and wants me to open a bank account for him, so he can send me his check and I can put them in the bank. I called the bank and they said that he has to be there in front of them to open an account. I said isn't that what you have a power of attorney is for?? She said I have to go to a lawyer and get it detailed POA before we can open an account. Would we have to do that, my sister said she got an account with her boyfriend and only had to fill out something and send it to him, have him sign it, notorize it and they opended the account. Is the banks i'm talking to giving me a run around? To open an account for him do I have to do it jointly? I'm really frustrated about it and I need to find out before I do anything.

If anyone could help me it would be wonderful.

Autumn

RaysHeart
03-15-2008, 08:51 AM
My man wants me to be his Power of Attorney and wants me to open a bank account for him, so he can send me his check and I can put them in the bank. I called the bank and they said that he has to be there in front of them to open an account. I said isn't that what you have a power of attorney is for?? She said I have to go to a lawyer and get it detailed POA before we can open an account. Would we have to do that, my sister said she got an account with her boyfriend and only had to fill out something and send it to him, have him sign it, notorize it and they opended the account. Is the banks i'm talking to giving me a run around? To open an account for him do I have to do it jointly? I'm really frustrated about it and I need to find out before I do anything.

If anyone could help me it would be wonderful.

Autumn

LOL answering my own post. I already found this information out. I just have to get the POA forms from Staples and have him fill them out and have th em notorized, take it to them to the county courthouse and then go open an account for him. It doesn't have to be a joint account. I feel so much better now.

bean123
03-16-2008, 03:05 PM
glad you found out the info :)

Sei
03-16-2008, 04:13 PM
Getting a Power of Attorney was real easy, they have the forms available at the prison so you don't have to worry about getting them. The inmate has to get it from their Counselor and he would have to sign it giving you full power and then they will notarize it once it is signed. They can send you the actual Power of Attorney which will be mailed to you. Once you get it you can just make copies for backup.

I had to get the Power of Attorney for filing my taxes.