Q: Can a family member have power of attorney over an estate if they have a felony charge on their record?
A:
A Power of Attorney becomes ineffective when the person who granted it dies: you cannot act as agent for someone who, being dead, cannot give you directions. No one can use a Power of Attorney to handle an estate. An executor or administrator must be appointed by the court to handle it. That person can be a felon IF all their rights have been restored.
Someone can appoint a person with a felony conviction to be their agent under a Power of Attorney while they are alive. Today a bank or other third party may request a certificate or a lawyer's letter before accepting the Power of Attorney. Whether this might pose a problem depends on facts and circumstances.
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