QUESTION

Divorce

Asked on Sep 18th, 2023 on Divorce - Texas
More details to this question:
If someone is incarcerated an going through a divorce. Can they get a power of attorney to take care of any matters while incarcerated ( close accounts ,sign for the sale of a home that's only in their name) ? Or does the spouse have a right to everything since they are incarcerated.
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1 ANSWER

Commercial Litigation Attorney serving Frisco, TX at Reid Dennis & Frick, PC
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Yes, a spouse can sign a power of attorney authorizing someone else to take care of any matters the spouse could personally do, as long as they mentally competent, regardless of whether they are incarcerated or not.  A spouse does not have "a right to everything" if the other spouse is incarcerated.  Spouses often own community property which is subject to their joint control.  A spouse signing a power of attorney does not negate the other spouse's rights with respect to joint management community property.  Spouses often also own property that is one spouse's separate property or is the sole management community property of one spouse.  A power of attorney signed by a spouse can give the attorney-in-fact named in the POA the authority to control the separate property and the sole management community property of the spouse that signed the POA.
Answered on Oct 03rd, 2023 at 9:03 AM

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