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Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 46173
Experience:  Attorney with 29 years of experience.
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I am wondering if I should answer questions a social worker

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I am wondering if I should answer questions a social worker needs to ask me pertaining to my power of attorney controlling me.
Submitted: 1 year ago.
Category: Legal
Expert:  Richard replied 1 year ago.
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good afternoon. Can you elaborate a bit more about this POA? Is it a Durable POA? Are you the principal? If so, to whom did you issue this POA to act on your behalf? Thanks.
Customer: replied 1 year ago.

This is a durable power of attorney and I previously had my former foster parents be my power of attorney but since my domestic violence incident with my husband I am no longer talking with my former foster parents. Ii am living with my friend and she is my new power of attorney.

Expert:  Richard replied 1 year ago.
Thanks for responding. Have you not revoked this former POA? If not, are you aware you can simply revoke it? Also, how is the social worker involved in this and what relevance does this POA have?
Customer: replied 1 year ago.

I have revoked my previous power of attorney and have the new one in place.

Expert:  Richard replied 1 year ago.
Thanks. Just one more question...I want to make sure I have the facts so I can provide you accurate information. And, this social worker is asking about the former POA or the new one?
Customer: replied 1 year ago.

The social worker will not talk to my new power of attorney because she believes that my friend which is my poa is controlling me and abusing me and my son. My daughter and her son have nothing on them and they are not concerned about them. I am looking for legal advice so when I meet with the social worker this afternoon I can make sure my poa is not at risk for following to jail and getting looked at as abusing me and my son.

Expert:  Richard replied 1 year ago.
Thanks so much for responding. Your POA is not at risk of going to jail so you don't need to worry about that. But, you don't want the social worker to take any actions which you then have to work to get undone...much like trying to put the toothpaste back in the tube. So, your best action here is make sure the social worker has something to risk by taking any action and letting the social worker know that until and unless you've been proven not to be competent, you have the full legal right and legal authority to appoint whomever you choose to act as your POA. I would let her know that she has no legal authority to interfere with your legal right to appoint a POA of your choosing and if she were to take any action to interfere with this right that you will be filing suit against her and her agency for violating your civil rights. I would also tell her if she insists on meeting that you insist upon your attorney being present.




Thank you so much for allowing me to help you with your questions. I have done my best to provide information which will be helpful to you. If I have not fully addressed your questions or if you have any follow up questions, or if I have misinterpreted your questions in any way, please do not rate me yet, but simply ask a follow up question without rating so I can provide you with a fully satisfactory answer. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service with 3, 4, or 5 faces/stars so I can receive credit for helping you today. I thank you in advance for taking the time to provide me a positive rating!
Customer: replied 1 year ago.

The other problem is I don't have an attorney because I am on social securityddisability and only get $500 per month. I have been looking for an attorney who is willing to take a pro bono case for all my legal issues because they all go together. The cps accusations are because of my soon to be former husband.

Expert:  Richard replied 1 year ago.
Thanks. It will be valuable to you to meet with the social services person so that he/she can understand that you are fully aware of what you are doing. As long as you are mentally competent, you have the legal authority to name a POA to act on your behalf. With regard to an attorney, I would suggest you go to your nearest law school. Most of them have legal clinics that are run by law students and supervised by law professors that will take cases such as yours on a pro-bono basis to help the students, who are idealistic, energetic, and very bright, get experience while under the watchful tutelage of their law professors.
Customer: replied 1 year ago.

Ok, thank you so much. Do I register as a new user on the website so I can save this conversation and ask for more advice if any other legal questions arise?

Expert:  Richard replied 1 year ago.
You're welcome...it's my pleasure to help. You can always follow up by asking specifically for LegalBeacon and I will be happy to help. I don't believe you need to do anything further to ask further questions, but after post this to you, I will forward this to customer service for you to help you with those issues. My role is to simply provide you legal information. I'm sorry about that! :)
Richard, Attorney
Category: Legal
Satisfied Customers: 46173
Experience: Attorney with 29 years of experience.
Richard and 11 other Legal Specialists are ready to help you
Expert:  Richard replied 1 year ago.
Thank you so much for the positive rating! I appreciate having had the opportunity to serve you! If I can be of assistance to you in the future, just look me up and I will be happy to help!

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