Person Holding Power of Attorney Incarcerated?

My husband is in jail and his mother passed. She left him her power of attorney and he is her only child. Is the responsibility on me as his wife to make sure everything is taken care of?


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July 24, 20190 found this helpful

As long as he is competent, he can still have the power of attorney.

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July 24, 20190 found this helpful

All POA responsibilities ended when your husband's mother passed away as a POA is only official while the person giving it is alive.

What will happen now will depend on whether his mother had a will and, if so, who is named as executor of the will.
If there is no will, then her estate will have to go through court probate for your husband to be able to legally have access to her bank account or any of her assets.
The only thing that would legally be his at this point would be if she had an insurance policy and he was the beneficiary.

He will probably need an attorney to help him through this.


He can ask for legal help through the Legal Aid Society in your city.

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July 25, 20190 found this helpful

As cybergrannie said, POA is in effect only when the person is living.

When the person passes, there may be an executor or executrix named who will manage the estate and work to meet the wishes of the will. If there is no will, then may be a whole different set of gyrations that have to happen and it can take months to years to resolve these cases.

You will need legal assistance in this matter for a few reasons. In some states an incarcerated person and not be an executor, and if there is any monies, depending on the crime, the money may go to the victims. You need to know your rights as the spouse under your state's laws.

Each state is different so you will need to proceed in accordance with your state's laws.


My suggestion is to contact your local State Representative and ask for help (their services or free). If you need legal advice, they can give you legitimate legal aide sources if you don't already have a lawyer.

When we found State Rep, we put our town name into Google and the phrase "state representative". He came right up.

I hope you can get this all worked out! Post back with an update! Prayers!

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