Legal Rights For Disabled

Summary

Your son may be entitled to a lawyer under the ADA. In Delaware, a POA must specifically mention legal decisions to be valid for court representation. Consult a local attorney for guidance.

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My son is mentally disabled and incarcerated, he's over * so no one will speak to me, he doesn't understand what is going on and he has rights under the disability act. They don't have counsel for him and the court is refusing to accept me filing any motions for him and i have a poa
Hello ****, I'm sorry for your situation. Can you please tell me your location? This will help me provide the most accurate information.
Delaware
Hi ****, your son might be entitled to a lawyer under the Disabilities Act.
- Under ADA, all state and local governments are required to take steps to ensure their communications with people with disabilities are as effective as communications with others (* CFR §*.*).
- In Delaware, a power of attorney does not grant you the right to make legal decisions on his behalf unless it's specifically mentioned (Title * Delaware Code §49A-*).
Please confirm if your POA includes this.
It says for legal, financial, and medical
Thank you for the information, ****. If your Power of Attorney (POA) specifies that you can make legal decisions for your son, you should be able to represent him. I recommend reaching out to a local attorney for specific guidance.