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  1. #1
    KarrenAnn is offline Junior Member
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    Power Of Attorney for an inmate

    What is the name of your state (only U.S. law)? CA

    How would an inmate at a CA state prison go about assigning Power Of Attorney to somebody?

    I was asked to get paperwork to him but everything I see online that I could get asks for money, and while I have no problem paying for it I want to make sure that it will be legally recognized in CA and that he will be able to fill out the paperwork and submit it.

    I always thought a lawyer was needed for legal papers such as this, and I don't think that there is anything available at the prison in the way of a legal department that will do this for him (I contacted the Ombudsman there and was told to contact a lawyer).

    Any help on this would be greatly apprecaited.
  2. #2
    latigo is offline Senior Member
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    All that California requires is that the POA is signed and dated and the principal’s signature is either (1) acknowledged before a notary public or (2) witnessed and signed by at least two adults. *

    If the individual is incarcerated in a California State correctional institution he should have no difficulty finding an inmate versed in preparing POAs and most other legal documents. Plus there are dozens of Internet download sources.

    But, curiously, what is the nature of the transactions that are foreseen as being necessary to be performed by the would-be attorney-in-fact? And are you talking about a special power or general power? And what is the relationship between the proposed maker and agent.

    Why do I ask? Because I see red flags whenever a POA is mentioned. There’s a toss up as to whether they provide a legitimate service or the opportunity for abuse.

    And how much outside business can be involved that couldn’t be handled on a piece by piece arrangement? That is by a special power of attorney for each occasion when principal is unable to act in his or her own behalf.

    Sax
  3. #3
    KarrenAnn is offline Junior Member
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    Power of Attorney

    I am the one he wants to give POA to, to be sure any and all final wishes are carried out (he don't want to end up in a cardboard box in an unmarked prison grave)
    He also has a few business dealings that were started before incarceration that he would like me to finish taking care of (book publishing) and every now and then he comes up with an issue that requires speaking to a lawyer and because I am not related they will not talk to me about his inquiries.

    One issue is Unclaimed Funds. It seems he has some from before his incareration and when he submitted the paperwork he was denied, saying that they (the CA Controllers Office) "are not authorized to send unclaimed funds to incarcerated persons". (He requested that the money go to a 3rd party).
    If anybody has any information on that I would appreciate it. I'm sure he is not the only inmate with unclaimed funds that would come in handy for the families.

    Because he can't just make phone calls to lawyers any time he wants, he figures POA given to me would allow me to do some of these things for him.
  4. #4
    Silverplum is offline Senior Member
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    Quote Originally Posted by KarrenAnn View Post
    I am the one he wants to give POA to, to be sure any and all final wishes are carried out (he don't want to end up in a cardboard box in an unmarked prison grave)
    He also has a few business dealings that were started before incarceration that he would like me to finish taking care of (book publishing) and every now and then he comes up with an issue that requires speaking to a lawyer and because I am not related they will not talk to me about his inquiries.

    One issue is Unclaimed Funds. It seems he has some from before his incareration and when he submitted the paperwork he was denied, saying that they (the CA Controllers Office) "are not authorized to send unclaimed funds to incarcerated persons". (He requested that the money go to a 3rd party).
    If anybody has any information on that I would appreciate it. I'm sure he is not the only inmate with unclaimed funds that would come in handy for the families.

    Because he can't just make phone calls to lawyers any time he wants, he figures POA given to me would allow me to do some of these things for him.
    I thought he was, in your words of another thread, "mildly retarded"?

    So he has business dealings? Wrote a book or two? Really?

    Which of your "stories" is the truth?
  5. #5
    latigo is offline Senior Member
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    He’s probably started on his second “book”:

    “How to make someone outside heed every beck and call from someone inside.”

    Inmates relish in this ability to control.

    I wouldn’t take on the responsibility you are visualizing for love or money. You have nothing to gain and much to lose.

    These people aren’t locked up because they are trustworthy!

    Sax
  6. #6
    Antigone* is offline Senior Member
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    Quote Originally Posted by Silverplum View Post
    I thought he was, in your words of another thread, "mildly retarded"?

    So he has business dealings? Wrote a book or two? Really?

    Which of your "stories" is the truth?
    I think we're dealing with a Florence Nightingale of sorts here. I get the feeling that there are several "causes" she is fighting for.
  7. #7
    BlondiePB is offline Senior Member
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    Quote Originally Posted by Wirelessany1 View Post
    I think we're dealing with a Florence Nightingale of sorts here. I get the feeling that there are several "causes" she is fighting for.
    Some women are just attracted to bad boys that are in prison.
  8. #8
    KarrenAnn is offline Junior Member
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    Power Of Attorney and Imcompetency

    I am dealing with 2 separate people here. The one writing the book (already written, I have the manuscript, ready to submit to a publisher as soon as I have the authority to do the business dealings that will be involved) and the young man who's competency I have questioned in another thread are cell mates.

    Call me Florence Nightengale if you want, I am certainly not offended by being considered a nice person and seeing the good in people, even (some)inmates. (If that is a bad thing then slap my wrists and send me to bed without supper, or better yet, take away my next birthday - please)

    This man will not get rich off this book being published. If anybody does it would be me, but that is not why I'm in it. I'm in it to help a person who asked for help.

    I'm not a silly little love struck high school girl, far from it. But after reading his first book I decided to write to him, forming a friendship that has lasted about 8 years now. And I do know that a lot of people, not only inmates, are con men (and women), and I also know how to say no should I be asked to do something, illegal, dangerous, financial or otherwise.

    He has not taken advantage of me in any way, financially, emotionally, romantically or physically. He asks for nothing other than friendship. Says he will never ask for anything that he cannot help supply for himself (which he does in the form of sending me postage stamps, both to help cover my costs of mailing, and to submit to a place that will pay 70% of the cost per book of stamps - money I then put in the bank to go towards any future expenses incurred duing the publication of this book, and a couple of books he has shown an interest in reading). He has actually provided more financial gain for me than I have spent on him in any way.

    Even though he is a convict, I am proud to call him my friend.

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