Welcome to the Prison Talk Online Community! Take a Minute and Sign Up Today!






Go Back   Prison Talk > U.S. REGIONAL FORUMS > FLORIDA > Florida Legal Information
Register Entertainment FAQ Calendar Mark Forums Read

Florida Legal Information Topics, Discussions and Information relating to Legal Information specific to Florida. This information is *NOT PROFESSIONAL* and should always be fact-checked!

Reply
 
Thread Tools Display Modes
  #1  
Old 02-18-2017, 12:28 PM
Sistersue61 Sistersue61 is offline
Registered User
 

Join Date: Feb 2017
Location: Florida, USA
Posts: 2
Thanks: 0
Thanked 0 Times in 0 Posts
Default Power of Attorney

My brother is serving a 25 year sentence. Prior to his trial he put our mom on his bank account. My mom is now very ill and not expected to survive. I have been using his debit card to send him canteen money each month but the card is about to expire. I will not be able to access his account. Is there anyway that he can grant me power of attorney so that I can send him money? Can he make changes to his bank account while incarcerated? I appreciate any advice.
Reply With Quote
Sponsored Links
  #2  
Old 02-18-2017, 12:39 PM
rks1170 rks1170 is offline
Registered User
 

Join Date: Nov 2016
Location: Georgia
Posts: 73
Thanks: 67
Thanked 18 Times in 14 Posts
Default

You can get a power of attorney papers online. Mail them to him for him to sign. Then you take them to the bank to be notarized.
Reply With Quote
  #3  
Old 02-18-2017, 02:01 PM
yourself yourself is offline
attorney
 

Join Date: May 2010
Location: around
Posts: 11,232
Thanks: 3,897
Thanked 19,271 Times in 6,966 Posts
Default

Power of Attorney (POA) forms are very state specific, so make sure you pull up the language specifically for your state - the basics are in the appropriate statute, along with the form language required by the state.

He can execute the POA in prison. There are always Notary Publics in prisons to handle this sort of thing - he just needs to ask his counselor about it.

Once you have a fully executed POA, make copies. Never let anybody have the original - let them have a copy.

In addition to the POA, he can write a letter to his bank asking for a change that includes allowing you to act on his behalf.

You should also check with his bank to get any forms that he may need to execute for them. Post 9-11, some banks have become very particular about this sort of thing.

Anybody contemplating becoming the attorney in fact for somebody (the person who gets to do things on behalf of the person executing the POA) should know that they are accepting fiduciary responsibilities. This means that they are putting the needs of the other ahead of their own needs. They cannot use the funds of the inmate to pay their own bills and must pay appropriate bills of the inmate in a timely fashion. It should also be noted that in many states, the person acting on behalf of the inmate can be paid by the inmate to act. You should also know that if there's a dispute, the records will find their way to a judge who will decide if the person acting for the inmate has exercised the fiduciary duty appropriately.

The inmate should also understand that a POA can be withdrawn AT WILL. It may also have to be renewed each year.

Some states also offer Limited POAs (LPOA). A LPOA is appropriate for specific tasks. So, if the inmate wants his car sold, he can execute a LPOA to somebody willing to go through the pita of selling a car.

Further, some states have two forms of POA - one for property, and one for medical. Some states blend the two. A LPOA can be used in a blended state to segregate out the medical from the property as the caretaker of property may be different from the most appropriate person to exercise medical judgement for an inmate when he's not able to.

Oh, and I know that FL allows for a Living Will. A Living Will allows a person to tell people what he'd want in specific cases of medically related issues - pain medication, hydration, etc. Matter of fact, FL developed the Four Questions to address this stuff (Four Questions sounds a lot less final than Medical Power of Attorney and the like). I'd encourage you to have this discussion with your brother as well, depending on when you are both ready to deal with it should your mother pass.

Btw, anybody reading this - doing some basic estate planning - POAs, Medical Directives, a basic will - is a good thing. It doesn't mean you're looking to die, or that if you do it, you will die soon. It just gives both the person executing the documents and the people in his life the ability to pull out those documents when it becomes necessary. It is helpful for those you leave behind so that they know exactly what you want and are able to act accordingly. We are all going to die, hopefully many years from now. When that time comes, one of the most loving acts is having had those conversations and executing those documents so that there is no question.

Anyway, big digression there. Make sure you have your brother execute a state specific POA. Talk with the bank and get those papers to your brother as well. Have him write a letter instructing his bank to place you on his account.

Good luck with your mother. Having lost a parent, I know this is a really sucky time. Fortunately for me, my older brother was out of prison at the time. He's since gone back in, but it was very helpful to have both my brothers available to help with everything. I do hope your support system is strong enough to help you through this trying, miserable time. My heart to yours - Strength, love, and peace.
Reply With Quote
  #4  
Old 02-18-2017, 02:48 PM
Sistersue61 Sistersue61 is offline
Registered User
 

Join Date: Feb 2017
Location: Florida, USA
Posts: 2
Thanks: 0
Thanked 0 Times in 0 Posts
Default

Thank you so much. I am his health care surrogate. Our mother has always been his primary advocate - our father has already died so I am the only person he has left- we are not young any more. I doubt that he will ever get out of prison so I have to stand by him as long for as long as I can. I cannot express how much I appreciate your kind words. This is really a hard time. Having a family member in prison can be such an isolating experience.
Reply With Quote
  #5  
Old 02-18-2017, 02:58 PM
Baby_Sister's Avatar
Baby_Sister Baby_Sister is offline
Registered User
 

Join Date: Feb 2017
Location: Kentucky
Posts: 29
Thanks: 0
Thanked 26 Times in 17 Posts
Default

I don't know how my mom did I always though she got the papers from a lawyer (we never discussed how she got them) but just as mentioned above they were sent in and back
Reply With Quote
Reply

Bookmarks

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Forum Jump

Similar Threads
Thread Thread Starter Forum Replies Last Post
Power of attorney gelpcar20 Michigan Prison and Legal News & Events 4 07-28-2012 08:36 PM
Power of Attorney tcheatham Florida Legal Information 19 02-12-2011 11:02 PM
Power of Attorney YOUNGnGIFTED Husbands & Boyfriends in Prison 43 02-24-2005 09:14 PM
Power of Attorney & Medical Power of Attorney luckyanna Michigan General Prison Talk, Introductions & Chit Chat 2 07-10-2004 09:46 PM


All times are GMT -6. The time now is 08:45 PM.
Copyright © 2001- 2017 Prison Talk Online
Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2017, Jelsoft Enterprises Ltd.
Website Design & Custom vBulletin Skins by: Relivo Media
Message Board Statistics