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Ely
Ely, Counselor at Law
Category: Criminal Law
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I accidentally sent my husband who is in federal prison. a

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I accidentally sent my husband who is in federal prison. a copy of the Power of Attorney he assigned to me before he began his sentencing. Will he get in trouble - is this something they are not supposed to have? I am terrified I got him in trouble. Thanks
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

The answer is no, he should not. See here for official guidelines for correspondence with federal prison inmates. Nothing in there particularly states that he cannot receive a Power of Attorney. In fact, it is not unusual for inmates to receive legal documents, tax documents, and other business correspondence.

Unless the Power of Attorney is a part of some malicious intent on behalf of him (which of course, it is not), then this matter should not be an issue.

I hope this helps and clarifies.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 87564
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 2 other Criminal Law Specialists are ready to help you
Customer: replied 1 year ago.

So, you are stating for certain that an inmate in a fed. prison may have a POA sent to him without getting in trouble? He was adamant that I not send it and as stated before, I accidentally put it in with a letter I wrote. Thanks

Expert:  Ely replied 1 year ago.
D,

So, you are stating for certain that an inmate in a fed. prison may have a POA sent to him without getting in trouble?

Yes.

Now, I do not know what the particulars of his matter is. Perhaps he is not on good terms with the administration. Or perhaps he is being suspected of some type of forgery. Or, perhaps for some reason this will give the administration reason to go through his mail in general. We do not know, as we do not have the facts. But strictly speaking, sending someone a POA for them to be an agent, or, for them to assign an agent, is not illegal per se.

So it should not get him in trouble looking at this from a clean slate point of view. But we do not know what (if anything) he has (or does not have) going on at the moment. However, likely, his request NOT to send the POA was more from a practical point of view, than fear of legal repercussion.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.

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