My son is in winnebago wi county jail charged as an adult for 2 felonies....he has mental issues and needs me to help with his defense....nobody will talk to me about anything....was told about the P.O.A....
I'm not sure who told you what exactly, but a power of attorney is a document that allows another person to handle certain financial or medical decisions on behalf of someone who is physically or mentally unable to do so for themselves. It does not let the holder participate directly in the defense of criminal charges. If your son is not competent to stand trial, his defense lawyer should raise the issue. If your son is competent to stand trial, the decision to pursue or not pursue a not guilty by reason of mental disease or defect defense is his and his alone.
This answer is provided for general information only. No legal advice can be given without a consult as to the specifics of the case.
I nothing else works to update you on your son's criminal case, a probate lawsuit to establish a legal guardianship (nominating you as the guardian), would put theoretically put the guardian in charge of most if not all issues. Although this may not include 100% control of the criminal defense, it would legally compel the defense lawyer to at least listen to your input, and might allow you to overrule some of your son's defense decisions if you can convince the criminal court judge that they are against his best interest. As legal guardian, you would certainly be able to appear in the criminal case as his guardian, placing you on the court notice list at minimum. The most common of the bad decisions which your son could make would be attempting to fire his public defender and proceed with his trial pro se. Handling one's own defense nearly always goes horribly wrong for any defendant facing major crime charges. Overruling your son's wishes would, however, require you to prove that he is legally incompetent to a civil court standard, i.e., unable to manage his own affairs due to a mental disease or defect, but chances are fairly good that he would not even fight the guardianship, due to having bigger fish to fry at the moment. Obviously, the easy way to get some kind of update, however, would be to have your lawyer look into it via public records, or to visit him at the jail during family visitation hours.
If any answer on AVVO helps you, mine or someone else's, please mark it as "helpful" or "best answer" to help AVVO know which answers to show others. Answering this question does not make me your attorney or entitle your information to attorney/client privilege, but you can post comments here for clarifications, etc. You can also see past answers to similar questions on AVVO , or see over fifteen years of past answers at https://www.avvo.com/attorneys/53566-wi-jay-nixon-1529181/answers.html . See 15 years of past answers at http://www.lawguru.com/answers/attorney_control_panel/answered. Answers are not intended as legal advice, may contain attorney advertising materials and may, along with questions, be used in public attorney advertising materials, unless you request otherwise. All answers and questions on public websites are public documents which do not enjoy attorney client privilege
My answer here does mean that I am representing you, so be sure to consult your own attorney before deciding on what you should do.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline