Inmates still have rights when it comes to reasonable access to an attorney, even if it is not an attorney that is representing them for criminal charges.Įach facility has its own rules and regulations when it comes to visitors, including attorneys. Getting Access to an Attorney While in Prison An estate planning attorney can offer information regarding things an agent cannot do, such as electing another individual to take over their duty as an agent. Speaking with an estate planning attorney can help an inmate understand what powers they can establish and what powers they can deny in their Power of Attorney.Īn attorney can also help squash any fears an inmate may have about giving an agent “unlimited power” to their affairs. In this case, an inmate may want a temporary Power of Attorney with certain limitations on powers that can be exercised by the agent. An inmate may not be interested in having a Power of Attorney that never expires because they need someone to handle their affairs while they are incarcerated. Whoever is executing the document may want to ask questions about their right to revoke a Power of Attorney after it is created. The Importance of Meeting with an AttorneyĪn attorney can accurately explain the different ways of drafting a Power of Attorney, what a principal’s options are, and how to create a document that best meets the principal’s needs and timeline. Since the Uniform Power of Attorney Act, effective January 1, 2018, all Powers of Attorney are durable unless expressly stated in the document that the document becomes ineffective at the incapacitation of the principal. A Power of Attorney Can Grant Broad or Limited AuthorityĪ Durable Power of Attorney essentially means that the Power of Attorney remains in effect even if the principal becomes incapacitated. Without having a qualified estate planning attorney look over the documents and explain the terminology, it may be challenging to understand what powers are being given to an agent. It is important to remember that not every situation is the same, and a cookie-cutter form may not conclusively establish the specific powers you intend to grant your agent.įor example, a principal can give the power to withdraw money from bank accounts, file tax returns, buy and sell the property (real estate and automotive) and pay a principal’s bills, among other things.Īnother point to consider is the fact that these forms are legally binding documents, and they are full of legal terminology that can best be interpreted by an estate planning attorney. North Carolina offers a Power of Attorney template however, while these forms can be useful if there is no other option available. Whoever is chosen will make decisions for the principal based on the parameters of their Power of Attorney. It is essential when choosing an agent that it is someone whom the principal trusts with their affairs such as a spouse, close relative, or an adult child. Simply put, a Power of Attorney establishes an agent, someone the principal (the one executing a power of attorney) elects, to conduct their business. First and foremost, it is important to understand what a Power of Attorney is and why it can be helpful to someone that is incarcerated.Ī Power of Attorney is a document that appoints an agent to act on behalf of another person and allows them to make financial decisions and transactions in their absence.
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