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How can an indigent inmate get representation during a

How can an indigent...

How can an indigent inmate get representation during a divorce?

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Florida...

Lawyer's Assistant: Has anything been filed or reported?

Yes, his wife filed in Hillsborough County. He's my cousin...a 72 year-old with a 63 IQ in Pasco County Jail.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

His wife sold their paid-off manufactured home while he's been incarcerated. She does put in money into his canteen and pays for phone calls to her. He's worked all his life without getting into legal troubles until he was 70 yrs old. She's asking for 2/3 to 3/4 of his $2500 pension. She has his Power of Attorney and we (his cousins) are concerned he isn't getting a fair shake. The social worker who works for the jail system has placed him twice in different nursing homes, but she never pays what she is suppose to and now the system is planning to send him to a state hospital.

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Answered in 1 minute by:
1/22/2018
Olivia Kent
Olivia Kent, Attorney
Category: Legal
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Hello and welcome to JustAnswer. My name is ***** ***** I'm an attorney. Please note this site is general information for educational purposes only and doesn’t constitute not legal advice. You might be offered a phone call, but you are under no obligation to accept; the phone call requests don’t come from me - they’re offered by the website - but if you do want a phone call I’d be happy to do that as well. I'll be happy to help you in any way I can.
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First of all, a person cannot ethically maintain power of attorney over a person that they are filing for divorce from. So the very first thing to do would be for someone to file a motion to replace the existing person who has power of attorney. It sounds like your cousin needs a guardian - and you can request to become his guardian. As far as the divorce process, attorneys are not granted to people for that - whether they're indigent or not. But a guardian or an alternate power of attorney could at least help make decisions for him in the divorce process, decisions that the wife should not now be making.

Olivia Kent
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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