Legal Question in Real Estate Law in Pennsylvania

can a next to kin take over finances of a father who is in jail till he gets out?


Asked on 3/22/14, 6:21 am

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

The father would have to give a Power of Attorney ("POA") to the person who will manage the finances while father is incarcerated. The POA has to be signed by father in the presence of a notary public who completes an acknowledgment, which is a formal part of the POA.

If father is not yet incarcerated, this will be easier to do, but it may be possible in the facility where he is. Arrangements would have to be made for the notary public, if there is one in the facility, or to have a notary public plus a witness other than the family member visit father for signing the POA.

Consult a real estate or estates lawyer in the county where father resides or is incarcerated to help prepare and get the documents properly signed. If father does not have will documents, now would be a good time to have those done at the same time.

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Answered on 3/22/14, 9:39 am


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