Legal Question in Criminal Law in Michigan

I have one simple question please. If my son was in jail and asked his atty to give me power of atty can his atty say NO


Asked on 7/30/10, 1:09 pm

1 Answer from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

His attorney can "say" anything he wants to. But understand that you being granted "power of attorney" is a legal term-of-art where your son assigns you the authority to stand in his shoes and carry out certain legal responsibilities of his (such as signing contracts, paying bills, giving you authority to care for his children and enroll them in school and make medical care decisions, etc.);the powers should be specific and also define how long it lasts. It can be revoked by him at any time. When he gives you "power of attorney", you don't suddenly become your son's "lawyer" to represent him in court, to defend him on his criminal charges. I'm assuming that you are not a member of a state bar association for attorneys, so you cannot practice law, give legal advice, represent him in court, etc. So I don't know why his "atty" would be objecting.

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Answered on 8/04/10, 1:42 pm


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