can a convicted felon serve as POA for someone

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can a convicted felon serve as POA for someone

my brother has felony convictions and has been in prison for those crimes. Can he serve as POA for my dad and his estate

Asked on November 2, 2017 under Estate Planning, Arkansas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

In addition to the above answer, he probably cannot act as the executor of your father's Will; most states deny a convicted felon such a right to serve.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, a convicted felon can be granted a power of attorney although it may not be a wise choice. There are a number of legal disabilities that follow a felony conviction, such as exclusion from most public employment, ownership of a gun, the right to vote in some states, etc. but there are no specific qualifications/requirements for being appointed as someone's POA.


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