Can a Felon Have Power of Attorney?

If a family member is ill, or in need of care, you may want to be there for them. When people in your life become unable to care for themselves, you may want to take care of them.

The Power of Attorney will allow you to do this in many situations. Even if you’ve committed crimes, you still want the people you love to be safe in times of need.

Caring for them may mean their money, health-related decisions, or even property. If you have a felony are you going to be able to make decisions on their behalf, when they’re unable to?

What Is a Power of Attorney?

A Power of Attorney is a legal document. This allows you to make decisions for a person who is unable to do that for themselves. If someone you care about becomes ill, you may be the only person who handles their well-being.

This document gives you the right to act as that person on paper. You can tell doctors what that person wants.

You may want to get a Power of Attorney for someone who is visiting another country. This document allows you to make decisions while they’re away. With this document, you can handle another person’s financial matters for them.

There are different types of Power of Attorney depending on the needs of your loved one:

  • General Power of Attorney – This gives you a lot of different powers over another person’s affairs. You can run someone’s business, buy insurance policies and more with this option. Sometimes this is something someone includes in their will. They will appoint someone to make sure everything is the way they’d have it once they’re gone.
  • Special Power of Attorney – This will allow your family member to put you in charge of certain matters. If they’re trying to sell a house, but won’t be in town for closing, they can give you this option.
  • Health Care Power of Attorney – This is for your relative who becomes sick. You can tell the doctors what they want, with this type. You can determine medical treatments for them.
  • Durable Power of Attorney – This means that your Power of Attorney will not end if your loved one passes.

A family member becoming ill is not something that many are ready to think about. Preparing for the care of your family member will be smoother with the right documents.

How Do You Get a Power of Attorney?

A person who authorizes you to have Power of Attorney will be someone who trusts you to take care of them. They will put the responsibility on you to handle their money and even their medical care if they get very sick.

Many people will make a Power of Attorney before going into a risky surgery. Your family member may appoint you to take care of their affairs if something bad happens to them.

A person may get Power of Attorney by the courts. If your loved one is unable to appoint someone the courts may award you.

Appointment of Power of Attorney varies based on what state you live in. Some states make it easier for you than others.

Assume your family member is not able to care for themselves because of a brain injury. This person is no longer able to make their own decisions. You can get a “Conservatorship.” This makes you their legal guardian, like a parent with their underage child.

You can print the Power of Attorney documents online. To have a Power of Attorney ready you will need to have it notarized.

Most banks have a licensed Notary for this type of document. You will also need two witnesses and the person who you’re caring for to be present in some cases.

Why Do You Need a Power of Attorney?

Let’s say that your family member has a disease like Alzheimer’s. It is going to become difficult for that person to understand their medical care, or even pay their bills.

At the time they’re diagnosed, they may still have the ability to give you Power of Attorney. Many people will get this documentation ready for someone they trust.

If you’ve been in trouble, you’ll need to make sure that your family member can trust you. If they do, you may get the Power of Attorney without a fight with other relatives in the courts.

There are many reasons why you may need the Power of Attorney. It is best to have the proper documentation while the person you love is still able to make the decisions.

If your loved one did not plan ahead of time, you can file with the courts. Even without a criminal record, you may want to hire an attorney to navigate the legal system.

You will have to prove that you are the best person to make these decisions for your loved one. You will also have to prove that your loved one is unable to make the decisions for themselves.

Can You Get Power of Attorney with a Felony?

If you have a felony, it is important to know the laws where you live before getting a Power of Attorney. Most states will honor the wishes of your loved one.

Illinois has strict laws for people who get Power of Attorney over another person. You may be able to make the medical decisions, but not the financial decisions.

If your family member or friend didn’t select you, your felony may cause you problems getting it in court. You will need time and money to get the documents through the court.

The judge will look at your crimes and determine if you’re a good person to take care of your loved one. If you appear to be unable to provide honest and devoted decision-making you may not win your case.

Some laws ensure the care you are giving the best care for the person you love. Abusing your power is another crime.

To keep and maintain your Power of Attorney, you must make sure that you are following the rules. Things such as abuse and violation of the terms of your agreement may land you back in jail.


People who can make decisions for people who aren’t able to need to get a Power of Attorney. You can get this document through the courts, or the person can give it to you with a notary.

If your family member is unable to care for themselves, your felony conviction may hold you back. The courts will decide the best person to handle their affairs. A conviction may make you unreliable.

You will have to disclose your past crimes upfront when attempting to get this document. If you don’t, you may be committing another crime.

You must be able to care for your loved ones. If this is something you need to do, make sure you have the support of others and understand how to best take care of them.


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