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


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. 

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