1. It is not necessary for anyone to pay an attorney to do a POA (Power of Attorney). The form may be purchased at an office supply for a few dollars.
2. A General Power of Attorney for an Inmate's regular records (the authority to intervene legally on the Inmate's behalf), and a General Health Care Power of Attorney for any health incapacitation. With a Health Care POA, a family member can make medical request or decision for their Loved One: without a Health Care POA, it is left up to UTMB's discretion. This Health Care Power of Attorney does not have to be renewed. It does not give access but it does give control over care to be received in the event the patient cannot make decisions. It also gives an edge when you call the unit to ask questions about the Inmate's health
- a. The Power of Attorney has to be filled out, sent to the Inmate, Inmate signs the Form before a NOTARY, (has to be notarized),then Inmate needs to send back the originals to his/her family (Be sure you have the Inmate's full name as known in TDCJ, then the Inmates ID Number)
- b. The family take the document to the County Clerks Office, have it filed, (cost is from $10 to $20 usually), get a Certified copy from the County Clerk with copies (probably about 4 to 6)
"ALWAYS MAINTAIN THE ORIGINAL IN YOUR FILE - NEVER SEND IT TO ANYONE"
, send one to the Inmate to be submitted for his/her file at the unit level or the family can mail it to the unit, one should go to (TX:TDCJ records files in Austin) or to the Central Location of State Records for the Prison System, and, if possible, have one made as "document of record" by filing it at County level where the family members lives for safekeeping
- c. If the document is filed in your county , after it is stamped with the date filed by the county clerks office, get a Certified Copy made by the Clerk, then make copies to be sent to the Inmate so he/she may have it put in their file at the unit
- d. the family member need to keep the original in their possession enabling them to have this if and when they need it
- e. then mail a copy to TX:Texas Department Criminal Justice, 209 W. 14th St., Suite 400, Austin, TX 78701) or to the proper location for your State
3. In order for the family member to obtain Inmate's records, here are the steps to be taken:
- a. Inmate puts in an I-60(TX) or (Federal it is call Shots) for visit to medical department to review records
- b. Inmate review his/her records and marks which can/cannot be released
- c. Inmate signs a release for copies and has to pay for the copies
- d. The copies will be made and sent to inmate, then the inmate can forward them to family member at his/her expense for postage and mailing envelope
- e. This process has to be done every 6 months if the inmate wishes to have records sent to his/her family member (this is just for the inmate making request for records to be forwarded to family - you do "NOT" have to renew the Power of Attorney)
4. Health care questions should be first addressed at the unit level with the attending nurse or nurse manager. If you do not have a General Health Care POA signed by the Inmate, employees do not have to answer anything other than general questions if the family makes an inquiry. If no response is received in a timely manner, then call the (TX:Hotline at (936)437-4271) should be one for your State
An Investigator will do an intake, assist someone to investigate, and call back with the results. This services is available form 8am to 5pm, Monday thru Friday. If the line is busy, you can switch over to voice mail where you can leave a message. You will be call back as soon as possible.
Hopefully this information is of help to all that have a need to knowPeople Against Prison Abuse aka PAPA
P.O. Box 12446
Odessa, TX 79768-2446
Visit Website of People Against Prison Abuse
Email to: People Against Prison Abuse