Is it legal for a felon to have a POA?

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Is it legal for a felon to have a POA?

My wife’s mother has a trust which states her two children would share a durable POA now and through incapacitation. My wife’s brother who is a 30 year methamphetamine user with at least 12 felonies has gone outside the trust and obtained a POA. He has never worked or paid bills like normal people do. Momma has paid all his bills and rent. He even stole her Mercedes and won’t give it back. He has recently bought a 2016 Dodge ram 2500 pickup and 2016 dodge Hellcat challenger, both totaling 125,000.00. He didn’t tell us, we found out through family members. We live 3 hours away.

Asked on November 25, 2016 under Estate Planning, Alaska

Answers:

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

Answered 4 years ago | Contributor

While seemingly unwise, a princiapl can appoint a convicted felon to be their POA.There are are no specific qualifications/requirements for being appointed as someone's POA other than the agent must not be a minor. Accordingly, a convicted felon can serve in that capacity. That having been said, the executor of a Will cannot have been convicted of a felony.


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