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Old 07-05-2011, 08:46 PM
 
2 posts, read 2,582 times
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Can a power of attorney that was given before the person was convicted be changed after they have been sent to prison??
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Old 07-05-2011, 09:39 PM
 
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Yes.

You need to get a Lawyer to draw up the papers and send out notifications to any entity that may have had dealings with the previous power holder that the previous POA has been revoked and there is a new POA holder. Check with said lawyer as to how confirmation that previous holder has been notified of the change should be gotten.

If you do not think it would cause problems and is feasible to do so, you should notify the previous POA holder in advance that it is being changed to avoid them fighting about it. However, it can be contested for various reasons if the previous holder has cause.

Generally anyone in prison has the same legal rights as anyone else. It just becomes more difficult with getting forms in and out and meeting with lawyers and all.
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Old 07-06-2011, 12:46 AM
 
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So then the holder of the power of attorney now should receive some kind of notice that he has revoked that power of attorney right?
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Old 07-06-2011, 07:14 AM
 
576 posts, read 780,616 times
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Quote:
Originally Posted by bettersafethan... View Post
So then the holder of the power of attorney now should receive some kind of notice that he has revoked that power of attorney right?
If the holder of a POA revoked the POA then why would they need to notify themselves?

I would expect that you meant that if you give someone a POA and then you revoke that POA should you notify the person that you gave the POA authority to? That is a legal question best answered by a lawyer but the common sense answer is Yes you should notify the person they no longer have a POA for you. If they attempted to use the POA and did not know they no longer had the right to exercise it then it could be a defense for them if it became a problem for you. If you notify them in some trackable method (USPS Certified Return Receipt with signature or Registered letter) then they have little excuse if they try to exercise the POA later.
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Old 07-06-2011, 05:54 PM
 
Location: NW side
56 posts, read 57,684 times
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I always thought that would make the lamest superhero ever...

"Halt villain, or I will stop you with my Power of Attorney!"

duhn-duhn-duuuuuuuuuhn!
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Old 07-18-2011, 09:48 PM
 
420 posts, read 683,624 times
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Quote:
Originally Posted by bettersafethan... View Post
So then the holder of the power of attorney now should receive some kind of notice that he has revoked that power of attorney right?
The person the holds power of attorney would need to receive notification that it has been revoked.

Please check with a lawyer to be sure how it has to be done.

It is possible. I just don't know the exact ins and outs.
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Old 02-28-2012, 11:26 PM
 
Location: San Antonio/Houston
21,646 posts, read 23,943,477 times
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You need to be more specific. Who have whom a power of attorney.
I am assuming that the person that was GIVEN power of attorney is now in jail.

If for any reason, you become unhappy with the person you have appointed to make decisions for you under a durable power of attorney, you may revoke the power of attorney at any time.
While any new power of attorney should state that old powers of attorney are revoked, you should also put the revocation in writing. You don't need to go to attorney to do so. You only need a notary in order to notarize your signature.

Now, if the person who appointed someone to be a power of attorney is now in jail, then the legal arrangements that were already in place will continue.
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Old 02-29-2012, 01:17 PM
 
Location: Los Angeles
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This is why everyone should create a trust, placing everything into it. I am going through POA changes now because my mom passed unexpectedly and if she hadn't set up her "basket" (trust), which contains her will, living will, POA and trustee assignments, I'd have a bigger mess to deal with.
In a trust, the benefactor can assign trustees/POAs and when something changes they just amend it to the next trustee, remove a trustee, or add a new trustee. The beauty of a trust is that you remove the need for probate fees as well.
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