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Old 05-10-2019, 06:51 AM
jessesgirl1111 jessesgirl1111 is offline
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Default Full POA in Illinois-not allowed with IDOC?

My husband just got to Pinckneyville a couple weeks ago on a parole violation. He was told by a CO there that he can not have a power of attorney while incarcerated with UDOC as he ďbelongs to themĒ and that if they know he does they can stop me from putting money on his books or something kinda ridiculous among those lines. He looked into a writ to travel for court related business and I suggested I go since Iím the POA, this was their response. Has anyone ever heard of anything like this? It sounds like thatís not correct, and I canít find anything online anywhere. TIA
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Old 05-10-2019, 06:58 AM
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A POA means absolutely nothing for an incarcerated person. A POA only gives power to make financial and medical decisions for an incapacitated or incompetent person. It does not give one the right to act as an attorney for someone in prison.
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Old 05-10-2019, 08:24 AM
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sass is correct in that you cannot go to court for him and/or represent him in a court proceeding (look up UPL - Unauthorized Practice of Law). However, I've never heard that you can't have a POA or that a POA will not be allowed to put money on their books. The POA allows you take care of his business outside of the prison other than court / judicial issues.
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Old 05-10-2019, 08:40 AM
jessesgirl1111 jessesgirl1111 is offline
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Hi ladies I know what it is, and what’s allowed/not allowed. I was trying to keep the specifics vague. Appreciate that feedback, but has anyone ever heard of an inmate not being allowed to have a POA while in IDOC custody.
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Old 05-10-2019, 08:41 AM
jessesgirl1111 jessesgirl1111 is offline
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@patchouli - I know! That sounds crazy to me. I just wanted to post here and see if any feedback. ****************** is no longer an active site, looks like the hosting expired, so I’m pressed for Illinois specific info these days.
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Old 05-10-2019, 06:17 PM
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It could be because they are tired of misinformed individuals throwing around a POA like it's authoritative and gives them power over the incarcerated person. POAs may try to set up visits as an attorney or send in legal mail. I imagine the DOC or that particular employee simply got tired of it and decided to say NOPE. A POA cannot do anything for prison/jail-wise for an inmate anyway.
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Old 05-11-2019, 01:23 AM
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Originally Posted by sass4221 View Post
It could be because they are tired of misinformed individuals throwing around a POA like it's authoritative and gives them power over the incarcerated person. POAs may try to set up visits as an attorney or send in legal mail. I imagine the DOC or that particular employee simply got tired of it and decided to say NOPE. A POA cannot do anything for prison/jail-wise for an inmate anyway.
Good point!
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Old 05-16-2019, 03:24 AM
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I've used my husbands' POA for many things. We recently changed our last name back to his biological fathers last name (his mom had changed it when he was little to his stepfathers and they were only married a couple years). I was able to send him the paperwork and he filled it out, signed it (In front of a notary they had at the prison, so it was notorized), and sent it back to me. At the courthouse my POA was good enough that it allowed the whole process to go through with a judge approving the name change without him ever needing to attend a hearing. I've used it to deal with an issue with the IRS (his identity & SS number were stolen) and also have a new Social security card issued to him with his new last name with my POA from him and the court documents. Plus dealing with his credit accounts and things like that. I was not allowed to appear as him at a court hearing though. He took his ex to court to get visitation with his son when she suddenly started not bringing him to visit or letting anyone else in the family bring him due to her own jealousy issues regarding our relationship even though him and I have been together way before he ever went to prison. He was allowed to "appear" in court at the hearing over the phone. And I was there in person. The judge ended up giving him two visits a month as well as two phone calls a week. Though as time has passed things have gotten better and I bring his son whenever he wants to see his dad. But for sure getting a POA has helped tremendously with many different issues that have popped up. I bet the CO either doesn't know what he's talking about or is just being a jerk. He has every right to have a representative on the outside looking out for him. And they have no way of knowing if you're his POA anyway. I just keep the form with my other legal stuff at home. Also he should also sign a HIPPA release form (I think that's what it's called) and have that on file with his medical file so if he has a medical issue/emergency then they can talk to you about his medical issues because even with the POA I still needed that form when it came to medical stuff.
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Old 05-16-2019, 08:52 AM
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Thank you
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Old Yesterday, 08:48 PM
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My LO is currently incarcerated in Illinois and I am his POA... they do not lose their rights just because they are incarcerated. The CO who said those things to him is not only wrong, but is abusing his power and should be held accountable....
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Old Yesterday, 11:52 PM
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My LO is currently incarcerated in Illinois and I am his POA... they do not lose their rights just because they are incarcerated. The CO who said those things to him is not only wrong, but is abusing his power and should be held accountable....
Thank you!! It sounded ridiculous but I wanted to be sure. Any chance you happen to know if I can sign off on our new mortgage on his behalf with the POA? Iíll ask the lender this week if I have to, but it sounds like itís specific to banks being okay with it.
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