When someone you love is arrested, your entire world can flip upside down in an instant. Suddenly, you’re not just worried about bail or court dates—you’re scrambling to manage their bills, kids, business, or medical needs.

That’s where a power of attorney (POA) can become an essential legal tool. With the right POA in place, you can step in and handle critical matters on their behalf. But without it, your hands may be tied just when you need to help the most.

Here’s what you need to know about setting up a POA in Massachusetts—and why it matters more than you might think when a loved one is behind bars.

What is a Power of Attorney?

A power of attorney (POA) is a legal document that gives one person (called the agent) the authority to act on behalf of another (the principal).

In the context of an arrest, the principal would be the person who’s incarcerated, and the agent would be someone they trust (like a spouse, parent, or close friend) who steps in to handle financial, legal, or even limited healthcare responsibilities.

There are different types of POA, but for post-arrest situations, we’re usually talking about a durable financial POA—one that remains in effect even if the principal becomes unavailable or legally incapacitated.

How Does a Power of Attorney Work in Massachusetts?

In Massachusetts, a POA must meet specific legal requirements to be valid:

• It must be in writing
• The principal must sign it voluntarily, while mentally competent
• It should ideally be notarized (even if the principal is in jail)

Unlike some states, Massachusetts does not require you to register a POA with the government—but it must be properly executed to be enforceable. A qualified attorney can help ensure everything is filled out and notarized correctly, even in urgent or unusual situations.

How Can Power of Attorney Help After an Arrest?

The days and weeks after an arrest are filled with uncertainty. A POA can offer stability during that chaos. Here’s how:

• Access bank accounts to pay rent, utilities, or loans
• Manage child support payments or apply for assistance
• Sign legal or court documents that can’t wait until trial
• Handle business needs like payroll, invoices, or renewals
• Coordinate with landlords or lenders to avoid eviction or repossession

In short, a POA lets someone you trust keep your life from falling apart while you focus on your defense. And this is true whether their case is resolved quickly or lasts for months.

In some cases, your loved one may post bail within days and return to everyday life quickly. But during those first chaotic days, a short-term POA can still make a huge difference—allowing you to pay rent, coordinate child care, or sign urgent paperwork.

In more serious cases, especially when bail is denied due to specific circumstances or the legal process drags on for months, having a durable POA in place becomes even more critical. You might need to manage longer-term financial responsibilities, oversee a business, or even sell property to pay for legal defense.

In either scenario, POA serves to keep life afloat until your loved one can take back the reins.

Can Someone Handle Financial Matters Without a POA?

Not usually. Even if you’re the person’s spouse or parent, banks, credit card companies, landlords, and service providers will not give you access without proper legal documentation.

Trying to act without a POA can result in:

• Frozen bank accounts
• Missed payments and late fees
• Utility shut-offs or housing issues
• Inability to speak with creditors or government agencies

This is why it’s so important to get a POA set up as early as possible after an arrest.

What Documents Are Needed to Set Up a POA?

In Massachusetts, setting up a POA typically requires:

• A completed POA form (available through an attorney or reputable legal provider)
• The principal’s signature
• A notary public to witness the signing

If your loved one is in jail, additional steps may be required to arrange notarization. Some jails will accommodate notarized documents, but others may require special coordination. An experienced attorney can help navigate this quickly and correctly.

What Happens if You Don’t Have a POA in Place?

Without a POA, loved ones are often forced to watch helplessly as bills go unpaid, leases are broken, or children’s needs go unmet. The ripple effects can include:

• Eviction or foreclosure
• Missed tax deadlines or lost benefits
• Custody or school-related complications
• Damaged credit or repossessed vehicles
• Strained family relationships

A power of attorney goes so much further than just protecting the person who’s been arrested. It also protects their family, property, and peace of mind.

Real-World Scenarios Where a POA Can Make All the Difference

The following examples are fictionalized, but reflect real-life situations that Massachusetts families face every day:

• A wife uses POA to stop foreclosure proceedings while her husband awaits trial.
• A brother accesses his sibling’s PayPal account to pay for a private attorney.
• A mother uses POA to enroll her son’s children in school and speak with their teachers.
• A friend pays overdue utility bills to keep the heat on during winter.
• An adult daughter uses POA to cancel contracts and subscriptions to cut costs.

These are just a few ways POA can be used to protect what matters most while your loved one is in custody.

Can You Set Up a POA After Someone Is Already in Jail?

Yes—and that’s exactly when many people realize they need one. As long as the person who was arrested is mentally competent and willing to sign, it’s completely legal to create and activate a power of attorney after they’ve been taken into custody.

That said, timing and logistics can get tricky.

Every correctional facility has its own rules about whether and how documents can be signed and notarized inside. Some jails allow mobile notaries or attorney visits for POA signing, while others may require alternative arrangements.

If your loved one is in jail and you need to establish POA quickly, your best bet is to work with an experienced MA criminal defense attorney who understands how to navigate local jail procedures and can help you move fast.

At Fogarty Law, we offer personalized guidance and fast support for families who need legal help setting up a power of attorney in Massachusetts. Whether your loved one is in a county jail or facing serious charges, attorney Courtney K. Fogarty can help you act quickly—and smartly.

Reach out now for your free 60-minute consultation. We’re here to help protect your loved one’s rights and everything they’ve worked for. Just call (508) 317-0339 to get started.

Choosing Between Public and Private Defense: What to Know in Massachusetts

When you’re facing criminal charges in Massachusetts, one of your first questions is probably: “Do I get a public defender, or should I hire a private attorney?”

It’s a fair question—and an important one. Because the answer can impact your freedom, your job, your relationships, and your future.

There’s no one-size-fits-all approach to criminal defense. But understanding the difference between public defenders and private attorneys in Massachusetts will help you make the right call for your situation. Let’s break it down.

What Is a Public Defender in Massachusetts?

In Massachusetts, public defenders are government-funded lawyers assigned to defendants who can’t afford to hire private counsel. The state’s public defense system is run by CPCS, the Committee for Public Counsel Services.

They’re responsible for ensuring every person charged with a crime receives legal representation, regardless of income level.

Public defenders are fully licensed attorneys. They’ve passed the bar, received training, and many have years of courtroom experience. They play a vital role in maintaining fairness and due process in the criminal justice system.

What Does a Private Attorney Do in Criminal Cases?

A private criminal defense lawyer—like Courtney K. Fogarty of Fogarty Law—represents individuals who choose to retain their own legal counsel. Unlike public defenders, private attorneys are hired directly by the client and often work with different caseload capacities.

This can mean:

• More availability for case-specific investigation
• Ability to dedicate time for strategy and pre-trial motions
• Direct client communication throughout the process
• Flexibility in scheduling and accessibility

And perhaps most significantly: you get to choose your attorney. That can provide peace of mind when navigating a complex legal situation.

Understanding the Differences

While both types of attorneys are qualified to represent you in court, the client experience may differ due to structural differences in how they operate. Here’s a simplified comparison:

Aspect	Public Defender	Private Attorney
Caseload	Often high	Typically lower
Time per case	Limited	More personalized
Choice	Assigned	You choose
Accessibility	Business hours	Often extended
Resources	Within state funding	May use private investigators or experts

This comparison isn’t about better or worse—it’s about understanding how each option functions so you can make the choice that’s right for your needs.

Who Qualifies for a Public Defender in Massachusetts?

To receive a public defender in Massachusetts, a court must find you indigent—meaning you cannot afford to hire private counsel. This is determined by examining:

• Your income and assets
• Debts and financial obligations
• Employment status

You may be asked to fill out a financial affidavit and possibly appear for an indigency hearing. If you qualify, you’ll be appointed a public defender or a bar advocate contracted through CPCS.

Can Private Attorneys Offer a Different Approach?

Private attorneys may be able to dedicate more time and attention to a single case due to their typically lower caseloads. This can allow for:

• Deeper case analysis
• Filing of complex motions
• More direct communication
• Tailored legal strategies

However, it’s important to remember that every case is different and outcomes are never guaranteed. Many public defenders and bar advocates achieve excellent results for their clients every day.

Will I Get More One-on-One Time With a Private Attorney?

Private attorneys often have more flexibility to communicate with clients on their schedules. This can be helpful for those who want regular updates and more control over the process.

At Fogarty Law, Courtney K. Fogarty makes it a priority to ensure clients feel informed and supported at every stage. Her background as both a prosecutor and defense attorney provides her with insight into both sides of a case.

Can I Switch From a Public Defender to a Private Attorney?

Yes. Many individuals begin with court-appointed counsel and later decide to retain private representation. If that’s your decision, you’ll need to notify the court. Your new attorney can help you navigate the transition.

How to Choose the Right Criminal Defense Lawyer in Massachusetts

When deciding who to work with, consider:

• Experience with your type of charges
• Familiarity with local courts and judges
• Communication style and responsiveness
• Client reviews and case results

Courtney K. Fogarty has over a decade of experience handling criminal defense cases throughout Bristol County and beyond. She offers free consultations and works directly with clients every step of the way.

Final Thoughts

Whether you go with a public defender or hire a private attorney, the most important thing is having representation you trust. Massachusetts offers legal pathways for all defendants to receive counsel—and understanding your options is the first step in protecting your rights.

If you’re looking for personalized legal support with the time and attention your case deserves, contact Fogarty Law at (508) 317-0339 today.

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