Can I get a POA on my married son who is incarcerated?

My son has been put in jail and he is married. He wants me to get a power of attorney over him but I need to know if legally I can do this while he’s still married and how much power I have over his wife. I mean can I also make decisions on his behalf outside of his court case, such as their property, their children, their vehicles etc? His wife is planning on getting rid of a lot of my son’s things including his car while he’s in jail and I’d like to fight this or stop this some how. I’m unsure if having power of attorney will be able to fix this or not. She eventually plans to divorce him.

Asked on October 5, 2010 under Estate Planning, Indiana

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I would strongly suggest that you find an attorneyto travel with you to see your son while he is incarcerated and see what type of documents he can execute to have you act on his behalf.  A Power of Attorney is definitely one of the documents.  You will be able to "stand in his shoes" and make decisions on his behalf.  It does not, though, negate the rights of his wife in any way.  It just puts you on even ground with her, as if they were fighting it out themselves.  As for the children, that I would doubt.  But you can indeed take his things from the marital home and store them somewhere for him so that they are not sold, etc.  Good luck. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.