Legal Question in Real Estate Law in California

Re: Power of Attorney, General

As an aside, transferring ownership of a financed car to another individual is usually disallowed by the finance company unless the financial institution accepts the assumption of the loan first. A Power of Attorney will allow the parents to deal with the financial institution on the inmate's behalf even if the car is not actually in the parent's name.

With this said, a Notary can visit the prison with the idividual who will be the Power of Attorney and the inmate can sign all the documents at that time. It is important that this meeting is prearranged with the prison authority prior to this meeting.

David Lupoff, Esq.

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Re: Power of Attorney, General

contact the county jail facitilty in which he is presently housed. In some counties there is a service organization that will have the power of attorney signed and notarized. A small fee to pay the notary is charged. Other wise you will have to pay a notary to go to the jail and notarized the document. You will have to comply with the requirements of the jail facility to get the power of attorney signed. It is unlikely that you will be able to get the document notarized when he appears in court.

Re: Power of Attorney, General

Don't try to get this done in court! The schedules are tight, and the convict's personal affairs are not at issue before the judge.

On the other hand, obtaining some assistance from a deputy public defender assigned to this client may or may not be possible, depending on the laziness or ambition of the particular DPD and the DPD's fondness for this particular client. I've worked as a law clerk in a PD office and have seen the full gamut of willingness to go to bat for a defendant/client, all the way from the full personal service that Michael Jackson or O.J. would expect upon paying a million-dollar retainer, down to the "dump truck" mentality where the defendant is told to accept the D.A.'s proposed plea bargain or else.

I believe there are two ways to get a valid power of attorney: one is to have it notarized, the other is to have two disinterested witnesses sign it. Maybe method #2 would work here.