Power of Attorney While in Prison?

[NeedHelpWV]

What is the name of your state? West Virginia

Can a person who is currently residing in jail sign over Power of Attorney to their spouse?

 

[seniorjudge]

"Can a person who is currently residing in jail sign over Power of Attorney to their spouse?"

Yes, if both persons are competent.

 

[NeedHelpWV]

Do you need to prove competency?

State of West Virginia.

Thank you seniorjudge for your response. Do you need to prove competency of the person who is in jail before signing of the Power of Attorney? If so, how do you do that? Is this a long procedure?

 

[seniorjudge]

"Do you need to prove competency of the person who is in jail before signing of the Power of Attorney?"

No, not that I have heard of.

 

[BlondiePB]

"Do you need to prove competency of the person who is in jail before signing of the Power of Attorney?"

No, not that I have heard of.

What if the prisoner has had on record some kind of incompetency or other mental impairment? I did find the OP's question about proving competency a bit peculiar. Typically, there's more to the stories.

 

[seniorjudge]

"What if the prisoner has had on record some kind of incompetency or other mental impairment?"

An incompetent person cannot make a power of attorney.

Even if!


"I did find the OP's question about proving competency a bit peculiar. Typically, there's more to the stories."

Yeah...funny how that's works, ain't it?

 

[BlondiePB]

"What if the prisoner has had on record some kind of incompetency or other mental impairment?"

An incompetent person cannot make a power of attorney.

Even if!


"I did find the OP's question about proving competency a bit peculiar. Typically, there's more to the stories."

Yeah...funny how that's works, ain't it?

Of couse I know an incompetent can't execute a POA. I just have the radar that something just isn't "kosher" here.

 

[seniorjudge]

"I just have the radar that something just isn't "kosher" here"


I think you are right!

 

[seniorjudge]

Of couse I know an incompetent can't execute a POA.

My radar felt an OP even-if comin' on....

 

[NeedHelpWV]

Competency and Power of Attorney...

It appears a little more detail is necessary.

The purpose of the question was this... we co-signed for a mortgage for my daughter and son-inlaw in August of 2003. All four of us are on the deed (title). During this time frame they made only two mortgage payments, requiring us to take over the payments. Also during this time frame the son-inlaw has been incarcerated serving a term of 1 - 5 years. With full agreement from all four people, we are trying to refinance the loan and put it in our name only. He also wants to provide his wife with the ability to be able to make any necessary financial decisions that would affect her and the children.

Hopefully this clarifies the situation a little more and you can better understand why I was asking the question of whether he can sign a paper while in jail giving his wife Power of Attorney.