durable power of attorney My son in incarcerated in Siskiyou Co.

durable power of attorney
My son in incarcerated in Siskiyou Co. and will also face charges in Sacramento when he has completed his sentence in Siskiyou. I live in Kentucky. I need to be able to handle his financial affairs while he is incarcerated. I need access to his checking account in California. Do I use a California form or a Kentucky form. Do I need to have it notarized both in Kentucky and in California?

3 thoughts on “durable power of attorney My son in incarcerated in Siskiyou Co.

  1. Re: durable power of attorney
    A California bank will more readily accept a durable power of attorney prepared in a standard format used in California.

    SEE http://www.west.net/~ivguy/pcpoa.doc for a copy of the statutory form in Word format.

    SEE ALSO http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=04001-05000&file=4400-4409
    AND http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=04001-05000&file=4450-4465.

    The power of attorney must be executed by your son, which means that as he is now in California it will need to be notarized by a California notary. No additional notarization is necessary.

    Donald Field
    Donald L. Field, Jr., Attorney at Law
    400 Montgomery Street, 6th Floor
    San Francisco, CA 94104-1217

  2. Re: durable power of attorney
    Very sorry to hear about your son. There are means of having weekend only incarceration, at least here in CA, but it must be a nonviolent crime and you must receive special permission from the Court. The Pasadena jail offers such a program.

    That matter aside, here is the answer to your inquiry:

    Your best bet is to call the bank and ask them what they will require. Generally, a Power of Attorney will be valid in any State if it is valid in the State in which it was created.

    Again, best bet is to just call the bank first and ask.

    Scott Linden
    Scott H. Linden, Esq.
    1510 Cotner Ave
    Los Angeles, CA 90025

  3. Re: durable power of attorney
    The “forms” must be valid inthe state for which they purport to be issued from. If they are, they are valid everywhere else.

    A Woodson Pulliam
    Pulliam Law Office
    300 Main at Union, P.O. Box 159
    Munfordville, KY 42765-0159

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