Can a Texas Inmate Issue a Power of Attorney?

By Eleanor Evans

An inmate in Texas can issue a power of attorney to allow a friend or family member to act on his behalf on financial matters while the inmate is incarcerated.

Types

A general power of attorney allows the inmate to designate a person to act on the inmate's behalf in matters of finance or credit.

A general health care power of attorney allows the inmate to designate a person to make medical decisions on the inmate's behalf should the inmate become incapacitated.

A general power of attorney must be renewed every six months; a general health care power of attorney does not need to be renewed.

Completing the Power of Attorney Form

It is not necessary to hire an attorney to issue a power of attorney. Forms can be purchased at office supply stores for a few dollars or downloaded online for free.

The power of attorney form must be filled out and sent to the inmate to sign. The inmate must sign the document in the presence of a notary public, and the document must be notarized before it is returned to the inmate's designated person.

Filing of Power of Attorney Form

The designated person must then take the completed document to the county clerk's office to file. Filing fees typically range between $10 and $20.

The designated person should keep the original copy of the document, file a copy with the clerk and request the clerk to make four to five additional copies. One copy should be sent to the inmate, and another copy should be sent to the Texas Department Criminal Justice, 209 W. 14th St., Suite 400, Austin, TX 78701.

About the Author

Eleanor Evans began writing professionally in 1997. Her published work has appeared in "Arkansas Business," "New Orleans CityLife" and the "Arkansas Democrat-Gazette." Eleanor received her Bachelor of Arts in sociology from Hendrix College in 1999.

Cite this Article A tool to create a citation to reference this article Cite this Article