If someone has been to prison for fraud can they be used as your power of attorney?

I know someone that has been to prison for fraud. Now there mother is unable to take care of themselves. Can this person the daughter become the power of attorney?

Asked on June 17, 2016 under Estate Planning, Texas


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes they can. While probably not advisable to have have someone who was convicted of fraud serve as someone's POA, it is legal. This is true whether or not they were convicted of either a misdemeanor or felony. In other words, there is no prohibition against a convicted felon from serving in this capacity.

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