Q: Can I represent my incarcerated mother in a partition suit in Texas with a power of attorney?
I would like to represent my mother, who is currently incarcerated, during a partition suit in Texas. I am not an attorney, but my mother wishes for me to ensure she is treated fairly in the division of proceeds. She intends to give me power of attorney for this matter. I have spoken to the court-appointed receiver involved in the case, but she hasn't provided me with any advice. Will a judge allow me to represent my mother under these circumstances?
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A: Sometimes a POA is sufficient to represent an incarcerated person. In this case though it seems as if a Receiver has already be appointed by the court in the partition suit. I would go ahead and execute the POA and also file a letter into the partition suit asking for all notices as in interested party. Although Receivers are supposed to operate with integrity, I have seen situations where they do not so I encourage you to do everything you can to protect your mom's interest.
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