Power of Attorney for Someone in Prison?

I have been with my boyfriend for 3 years, we started as roommates, and have lived together for 3 years. We even plan on marriage, but he is still legally married. It was a mutual agreement between my boyfriend and his wife that they go their seperate ways other than caring for the 2 children they have together (they are teenagers now).


We started a life together and accumulated a lot of things, including a lot of vehicles. His wife was not around, not involved or has nothing to do with the things me and him have together. He went to jail, and will be gone for a long long time. He gave me power of attorney over him because he knows people are going to try taking his things. Our truck is in his name.

His wife's car broke down and she called to demand our truck because she is his wife and threatened to call the cops if I didn't hand it over. He knew she might try to do that, and that is one of the specific reasons he gave me the power of attorney over him. She does not know what that means and she does not care, she is just bound and determined to take away the things me and him work hard for!

Will someone please tell me if she has the right to call cops and say they are married, they have the same last name, and its her husbands truck so she is taking it? What would happen if I show the power of attorney paper to them that says I have power over everything? How much power does it have? Even more power then his wife? I think if it doesn't give me more power then he wouldn't have signed that paper to me. He called and told me not to give anything to her.

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Gold Post Medal for All Time! 677 Posts
December 24, 20160 found this helpful
Best Answer

I agree that she has more rights than you since they are legally married. If there are any notarized documents saying that he wants to leave certain things to you, that may help your case.


You need a lawyer experienced in these types of situations.


Bronze Answer Medal for All Time! 220 Answers
December 24, 20160 found this helpful

Unfortunately, as your boyfriend is still legally married, there is little you can legally do with a POA in this situation. I strongly suggest that you immediately consult with an attorney to understand what the POA means and what legal standing you may or may not have regarding your boyfriend and his possessions, now and in the future. You state that your boyfriend will be imprisoned for a long time so it is important that you know your legal rights and responsibilities regarding the POA.


Silver Post Medal for All Time! 255 Posts
December 25, 20160 found this helpful

You need to get an attorney. In most states, the wife has more rights than has your POA. Also, in some states the prison system has to be the one to do the POA.


Also, POA are only good for a certain period of time.


Bronze Post Medal for All Time! 118 Posts
December 26, 20160 found this helpful

I agree, that your boyfriend and his wife were still legally married, the wife has still the right of what he has. The POA still on the basic side not unless if they were legally separated. And not unless if you and the legal wife can have a compromised agreement, that least you can do.


Gold Feedback Medal for All Time! 949 Feedbacks
December 26, 20160 found this helpful

I believe that only an attorney can give you the information you are seeking. There are different kinds of POA's so even if yours was legal in any respect, you would still need an attorney to assist you in understanding your legal rights.


You mention having numerous vehicles and other things so maybe you might have some legal rights to something but, as everyone has stated, only an attorney can help you.

See an attorney - ASAP/sooner would be better than later.

September 8, 20210 found this helpful

It seems that your boyfriend and his wife were seperated and you and he bought many things together. Concerning the vehicle, i would definately get it put in someone elses name like yours or someone you can trust fully so she cant touch it.


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