Poa Questions

[tdhaney1966]

What is the name of your state? Indiana

I have POA over my God son who is incarcerated awaiting trial on a serious violent offense. I have general durable and health care POA but need to know to what extent the power can be used for. Example: I need to see my son's motion for discovery which is in his possesion at the county jail, do I have the right to ask the jailer to provide me with a copy? What rights do I have if my son is not incapacitated? Can he authorize me to have a copy? and will the jail be obliged to provide it?

Thank you
Troy Haney

 

[TaraMc36]

PoA is limited and misunderstood by most

Hi tdhaney1966.

My heart goes out to you--I'm sure you are providing an extremely valuable service to your friends and family members.

I am my mom's PoA since 1998. She's mentally ill, and very physically ill. Despite having written letters to every person my mom deals with--doctor's, insurance companies, banks, utility companies---even my mom's lawyer when we filed bankruptcy for her--everyone acts like that PoA does not exist and they always want to deal directly with her. They are usually leery of me--even though they have notes in their computer systems saying who I am, as well as letters from her and copies of the actual PoA document--I have found it to be virtually useless-- especially in times of crisis.

So--to answer your question, the document itself spells out your exact Powers and responsibilities, and if you need to do a transaction for your Godson that isn't specifically spelled out in the document, go back to the lawyer and get a new document drawn up that says you have specific responsibility for whatever it is.

And then--send copies of the document to everyone involved along with letters from yourself and your Godson explaining the situation, and be prepared for everyone to ignore it anyway.

Thanks!
Tara

 

[tdhaney1966]

Thanks Tara

You have been very kind..more than any of these other fools on this forum who stand on their soap boxes and spout their personal attacks (see my post in violent crimes). I learned that even w/POA I have no right to see his motion for discovery. Again thanks for being nice.

 

[BlondiePB]

You have been very kind..more than any of these other fools on this forum who stand on their soap boxes and spout their personal attacks (see my post in violent crimes). I learned that even w/POA I have no right to see his motion for discovery. Again thanks for being nice.

That's because third parties are under no obligation to accept POAs.