"I am the fiancé of Ricardo’s he has these issues and as well is in jail and I need to take care of his affairs. So this is why I need a power of attorney..."
Your partner is 62 years old and he needs someone to legally handle his affairs while he is incarcerated. He suffers from anxiety, depression, and heart disease. And assuming the things you posted in your question are also part of his ongoing mental health issues.
Are you sure you want to be his PoA? If so, have you contacted the prison to see if anyone on staff is a notary? If so you can download 2 copies of PoA paperwork for his state of residence from Legalzoom.com or Rocketlawyer.com and take it to where he is and have him sign it in the way dictated by those websites (most likely signed in front of a notary with 2 non-family witnesses, which could literally be anyone at the prison who is not an inmate. You will both need to present valid ID to the notary before signing.) Then he keeps his copy and you keep yours. He can at any time change his PoA as long as he is not mentally incapacitated. You can always resign this responsibility for any or no reason. Personally I'm not sure how this will go for someone who is paranoid to begin with. Good luck.
SSDI/SSI gets suspended by the agency when someone goes to prison. Unless there's a house (I doubt it with these issues), there's literally nothing to protect with a POA.
Although when he goes on paper (parole/probation) the OP will be expected to take him in and deal with his MH issues, which will be exacerbated by his being in prison. As well as keeping her home within the parameters of what parole wants.
OP, if there are no assets for you to be in charge of, and you don't want to marry him, then just have him place you on his regular visitor list and package submitter list. You'll have to pay for his commissary (the packages) which, often, women get sick of.
This forum is about elder care. Is this an elder you are caring for who is currently incarcerated? Has this elder given you POA and asked that you handle his financial affairs?
Lea, I'm not even sure Ricardo is an elder, let alone the fact that they might not be judged incompetent in the way the prison system sees it.
What "affairs" does this person have? His SSDI check and food stamps? It's not like someone with those benefits outside gets that credited to their commissary account and/or to a girlfriend, which is all that she is at this point.
She's not even married to him; even if so what she could do for him inside is not a lot. And if he comes out then she has to house him, feed him, deal with his behaviors on top of making all his parole/probation appointments.
OP, you are not legally married. You technically aren't family. It is in your interest for you to keep it that way.
I am the fiancé of Ricardo’s he has these issues and as well is in jail and I need to take care of his affairs. So this is why I need a power of attorney to handle his affairs thank you
My suggestion is to contact a Certified Elder Care Attorney.
5 Answers
Helpful Newest
First Oldest
First
"I am the fiancé of Ricardo’s he has these issues and as well is in jail and I need to take care of his affairs. So this is why I need a power of attorney..."
Your partner is 62 years old and he needs someone to legally handle his affairs while he is incarcerated. He suffers from anxiety, depression, and heart disease. And assuming the things you posted in your question are also part of his ongoing mental health issues.
Are you sure you want to be his PoA? If so, have you contacted the prison to see if anyone on staff is a notary? If so you can download 2 copies of PoA paperwork for his state of residence from Legalzoom.com or Rocketlawyer.com and take it to where he is and have him sign it in the way dictated by those websites (most likely signed in front of a notary with 2 non-family witnesses, which could literally be anyone at the prison who is not an inmate. You will both need to present valid ID to the notary before signing.) Then he keeps his copy and you keep yours. He can at any time change his PoA as long as he is not mentally incapacitated. You can always resign this responsibility for any or no reason. Personally I'm not sure how this will go for someone who is paranoid to begin with. Good luck.
Although when he goes on paper (parole/probation) the OP will be expected to take him in and deal with his MH issues, which will be exacerbated by his being in prison. As well as keeping her home within the parameters of what parole wants.
OP, if there are no assets for you to be in charge of, and you don't want to marry him, then just have him place you on his regular visitor list and package submitter list. You'll have to pay for his commissary (the packages) which, often, women get sick of.
You may want POA to manage his affairs but it must be legal & in his best intetests.
ADVERTISEMENT
What "affairs" does this person have? His SSDI check and food stamps? It's not like someone with those benefits outside gets that credited to their commissary account and/or to a girlfriend, which is all that she is at this point.
She's not even married to him; even if so what she could do for him inside is not a lot. And if he comes out then she has to house him, feed him, deal with his behaviors on top of making all his parole/probation appointments.
OP, you are not legally married. You technically aren't family. It is in your interest for you to keep it that way.
I don't even see the op asking a question here so?....😎
I am the fiancé of Ricardo’s he has these issues and as well is in jail and I need to take care of his affairs. So this is why I need a power of attorney to handle his affairs thank you
My suggestion is to contact a Certified Elder Care Attorney.
Good luck!