Legal Question in Administrative Law in California

Re: power of attorney

I will start out by asying that I assume you are leaving your son in the custody of someone who is completely competent to care for him, and perhaps equally important someone he trusts and likes. Lengthy parental absence could be traumatic for a kid of that age.

How long before you leave? If at all possible, see an estate-planning attorney and at least have stop-gap boilerplate wills prepared to tide you over until you return.

I'm not sure I would recommend giving anyone a power of attorney; they expire upon the death of the principal anyway, and in the meantime give away more authority than should be necessary. My recent experience in transacting business (selling real estate) while at sea suggests that it can be done (by FAX and e-mail) if necessary, albeit with a little difficulty.

One possibility to consider is that California still recognizes (I believe, anyway; I don't practice in the area of wills) so-called holographic wills. A holographic will is one that is written entirely in the handwriting of the testator, signed and dated. They are valid even though not witnessed and lacking in other formalities. You and your wife could, if all better possibilities are foreclosed, write out separate holographic wills leaving everything to each other, but if the other doesn't survive, to your son; be sure to specify who your first choice of executor would be in both instances (survival and non-survival of the other spouse. You may be able to get further advice about California holographic wills under the LawGuru wills heading or elsewhere on the Web.

If you write holographic wills, put them in a sealed envelope and leave it with the babysitter or other very trustworthy person, and when you return safe and sound tear them up and get the trust started!