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Power of Attorney for Incarcerated Person?

If a boyfriend is in prison and his live-in girlfriend has power of attorney, can she sell his trailer if she can't afford to live there? He has the title to it.

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Bronze Post Medal for All Time! 105 Posts
March 23, 20180 found this helpful
Best Answer

This is all going to depend on what legal rights she has and what she can do with his things while he is in prison. If she can't afford to keep up the trailer and can't for it, maybe it is best it be sold. At least he will have the money when he gets out. If he still owes on this and she has to make the payment, plus keep up her own payments where she is living it is a burden on her and she shouldn't be responsible for this. I would say that she needs to speak with him and maybe a lawyer too.

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Gold Post Medal for All Time! 677 Posts
March 22, 20180 found this helpful

Power of attorney gives you the right to make decisions on someone else's behalf. If he doesn't want to sell the trailer, she cannot do it.

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If he did want to sell the trailer, she could do it.

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Gold Feedback Medal for All Time! 949 Feedbacks
March 22, 20180 found this helpful

The answer to this question all depends on what type of POA the boyfriend gave to the girlfriend.

  • There are several types of POA's and each one gives different "rights" to the person holding a legal POA.
  • It is not unusual for an incarcerated person to give a POA to someone but it should be someone they trust to do only what they want done.
  • I think the answer to your question may also depend on the length of sentence the person has as to whether he would want his property sold and that may determine what type of POA he gave his girlfriend.
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  • You can check the following links and find out what "rights" different POA's give but if the girlfriend has the correct POA then the answer to your question is YES she can sell the trailer.
  • She will have to be accountable for what she does if it is ever questioned because she is supposed to do only things (anything with his property) that are in his best interest and that he wants done.
  • But, the fact remains, with the right type of POA she does have the legal right to sell his trailer.
  • ctlawhelp.org/.../FAQ-about-powers-of-attorney
  • www.aplaceformom.com/.../
  • www.legalzoom.com/.../what-is-a-power-of-attorney
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