Is it possible for a convicted criminal to hold a Power of Attorney
for her aged mother?  The crimes are drugs felonies.

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Request for Question Clarification by pinkfreud-ga on 15 Aug 2006 13:28 PDT

Laws vary from place to place. What location are we speaking of?
(Nation and state or province)

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Clarification of Question by hep2000-ga on 18 Aug 2006 08:19 PDT

We're talking about California, USA.

This is a free comment and not an "answer" to your question, and, of
course, it is not legal or professional advice, as you can read in the
disclaimer below.

Although I could find nothing from California, it SEEMS that
restrictions disallowing persons to be appointed by a power of
attorney are specifically related to the responsibility the person
will be given, or  - in Saskatchewan -  the fact that s/he has not
been convicted within 10 years of an offense that could indicate that
s/he would misuse the responsibility.  Scroll down on this site:
http://www.plea.org/freepubs/poa/givenpoa.htm

Similarly, under 2.e. on page 4 of this Ohio site about PoA for child
care, a grandparent must report a child related offense:
http://www.ohiojudges.org/_cms/tools/act_Download.cfm?FileID=404&/HB%20130%20Power%20of%20Attorney.pdf

And on this general uslaw site, if you scroll down to "Attorney in
Fact" and put your cursor on the questionmark in the blue circle, you
will see that it only recommends that an attorney should not be a
convicted criminal:
http://www.lawdepot.com/contracts/powerattny/?loc=US

Even the IRS only makes a possible restriction for persons who have
been convicted for a financial or trust related crime.  Scroll down on
page 6 to "Disreputable Conduct":
http://www.lawdepot.com/contracts/powerattny/?loc=US

All this is, of course, no direct statement that a person with a drug
conviction CAN be appointed, but it does suggest that one need not
fear embarassment when talking to a lawyer on the subject, which I
recommend the person to do.

Dear myoarin-ga (great user ID!)

Very kind of you to take the time to answer this. Much appreciated! 

Our family are very concerned that the individual in question seems to
hold this Power of Attorney, and wondered whether she actually has the
legal right to do so, given her criminal history. We are most
concerned about her mother's medical and financial situation, and are
not convinced that the daughter is acting in her mother's best
interests...

Kind regards,

hep2000-ga

Hi Hep,

As you can tell from my closing lines, I was assuming the situation
was somewhat different, AND I certainly have not answered your
question,
which now seems to be more about what grounds there could be for
challenging a person's probity as an attorney:  the criminal record,
demonstrated misuse of the power.  I don't know, but maybe one of the
Researchers with legal experience does.

You say "seems to hold this Power of Attorney."  If the daughter had
signature power for bank accounts, she would not need to have a PoA. 
Decisions by the next of kin about care for an aged parent would often
 - I imagine -  be accepted by care givers without asking to see a
PoA.

Furthermore, it would be unusual for a PoA document to specify that
actions und the PoA had to be "in the best interest" of the Principal,
the mother.  The document is usually cut and dried:  just saying what
authority the person has, not how it can be used.
"A written legal document authorizing a person to act as agent for
another, to the extent outlined in the document"
                        www.las-vegas-homes.name/RealEstateDictionary-P.html

There is a very good reason for this; any provisos about the way the
attorney should make decisions would theoretically require others to
make a judgement on this before acting on the attorney's instructions.

What I am suggesting is that maybe the daughter does not have a PoA,
but may still be acting within her rights as next of kin and if she is
authorized to sign on accounts.
Or if she does have a PoA, there would have to be very specific
grounds for challenging her actions.

If you and your family seriously feel that the care of the mother is
inadequate, perhaps you can ask the county or state health/social
welfare people to look into the situaton.

I have probably said more than I should have, being a layman.
If you think that my comments sound sensible, you might consider
posting a new question that asks more specifically about the
possibility of challenging (maybe the wrong word) an attorney under a
PoA
and/or about what steps can be taken to have the appropriate authority
(which one?) inspect the care of an elderly person.

A fresh question is more likely to get a response that will help you,
unless someone can answer definitively that the daughter's criminal
record makes her ineligible to hold a PoA, but I expect that this
would have already been answered by now, if that were the case.

I sincerely hope that you do get an answer that can help you.
Regards, Myoarin

Hi Myoarin,

Many thanks again - you've given us food for thought. Much appreciated. 

The family is now locked in a complicated legal situation, which
changes weekly - so the family are hoping to take on legal counsel to
challenge the daughter. Fingers crossed...

Have a good weekend.

Kind regards,

Hep2000

Hep,
I wish you success, or at least an acceptance of the outcome if it
isn't what you hope.  Some legal situations don't aline with personal
feelings about what is right or what should be.

Good luck, Myoarin