If my son is in prison and has signed over power of attorney to me, what do I do with it now?

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If my son is in prison and has signed over power of attorney to me, what do I do with it now?

Asked on July 1, 2015 under Estate Planning, New Hampshire

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can use it to do whatever the POA (power of attorney) gives you authority to on behalf of you son (anything you do with the POA has to be for his benefit or in accord with his wishes). For example, you pay his rent so he's not evicted; keep up insurance premuims or pay credit card debt; if someone owes him money, bring a lawsuit for it; settle or defend a lawsuit against him; use his money to hire an attorney for him; make investments for him or manage any property he owns; etc. What you can do will be based on what the POA, by its terms, allows you to do.


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