A power of attorney is not effective after the incapacity of the principal unless it is "durable," meaning it remains in effect even if the principal is incapacitated. the vast majority of powers of attorney are durable. A power of attorney can be limited to certain powers, or can be general, or unlimited. You should see an experienced lawyer in your area to help you with the power of attorney. I hope this helps.
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Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. A lawyer experienced in the subject area and licensed to practice in the jurisdiction should be consulted for legal advice.
In the state of Florida there are three types of Power of Attorneys (“POA”). Durable, nondurable and springing are the three types. All types automatically cancel on the grantor’s death. Nondurable powers are also canceled upon the event of incompetence of the principle. You must ask yourself and discuss with an attorney what are the possible powers you will need to be able to act on behalf of your son while he is in jail.
See an elder law attorney since this subject can be complex and other issues are created that you might require further information. My website below may have articles that may further be of interest to you on this subject. If you think this post was helpful, please check the thumbs up (helpful) tab below. Thank you!
My comments are not intended to establish an attorney-client relationship, are not confidential, and are not intended to constitute legal advice. Proper legal advice can only be given by an attorney who agrees to represent you, who reviews the facts of your specific case, who does not have a conflict of interest preventing the representation, and who is licensed as an attorney in the state where the law applies.
Dan W. Armstrong, Attorney
Law Offices of Dan W. Armstrong, P.A.
P.O. Box 1535
Ponte Vedra Beach, FL 32004-2479
(O) 904.280.0058, (F) 904.280.0109
Durable power of attorney is valid -even though incapacity. A durable power of attorney can be unlimited or very restrictive. It is usually mailed to the jail with signing instructions.