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Power of Attorney – What You Should do to Prepare Yourself if You are Arrested or Deported


If you are here illegally, you SHOULD MAKE A PLAN for what you would like to have happen to your children and your property in case you are arrested or deported. Designating someone to be your agent and giving them power of attorney can be a scary thing. You must pick someone you trust particularly because their powers become effective the moment you sign the power of attorney forms. That means that they can go into your bank accounts and sell whatever property you have here in the United States. (You can offset this by keeping the documents locked in your house and tell your agent where the forms are once you are arrested.) You must also make a plan and give your agent a lot of guidance when it comes to exactly what you would want to happen to your children and property. Give them a list of emergency contacts. Make sure that the agent knows who their pediatricians, baby-sitters and teachers are. You should talk to your agent about filing the documents with your local Registry of Deeds. In North Carolina that is the sure fire way to make sure that your agent’s powers are recognized with schools and banks.

Planning for an arrest or deportation can be like planning for an “immigration funeral.” And like a funeral lot of people don’t want to think about the fact that it could possibly happen. But those who do plan ahead can have exactly what they want happen to their children, property and money that they have worked so hard for during their time here in the United States. It’s worth spending the few hours filling out all the forms. Please contact your immigration attorney for more guidance on the issue.

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