Legal Question in Wills and Trusts in California

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.

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.

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.