Legal Question in Wills and Trusts in California
Duristiction of Power of Attorney
I live in Australia and wish to grant power of attorney to my father-in-law in California over my affairs in California. How can I proceed? If I fill in a Californian power of attorney form in Australia and have it notorised by a local (Australian) Justice of the Peace (Notory in aussie), is this valid in California? Do I have to fly to California and have it done in the USA? If I fill in a power of attorney form in Australia that is valid in Australia, is it also valid in California?
2 Answers from Attorneys
Re: Duristiction of Power of Attorney
A valid power of attorney in California does not necessarily have to be notarized. However, doing so is not a bad thing, as it bolsters proof of identity. I see no reason why an aussie JOP certification wouldn't be as good as a U.S. notary certification in bolstering his/her identity. No, you absolutely don't have to travel to the US to have a valid Power of Attorney in California.
I would also suggest that you contact a local U.S. bank, insurance company, or express company, like American Express. Ask if they have a notary with a certificate in the USA. California would be great, but any USA state will do.
Send me a response with your e-mail address, and I will send you a standard power of attorney form for use in California.
My address is [email protected].
Re: Duristiction of Power of Attorney
As a follow-up, I do not have any California standard power of attorney forms in my inventory. I could design you one, but it would take some time. However, you can go to the following link and will find model California General Power of Attorney forms:
http://www.findlegalforms.com/xcart/customer/home.php?cat=465
It is part of a website called "findlegalforms.com"
As best as I can determine, it is very hard to find free sample forms on the net. This website will sell you one for $2.99 US (under $5 aussie).
If you would like assistance completing it in a manner that will completely suit your purposes, I can do so for a very small fee which we can discuss after you e-mail me. I would recommend filling it out as best you can then e-mailing it to me. We can discuss the fee when I see it and determine how complete a job you did. If it needs only trivial changes, I will not charge you. If I require a charge, I will let you know in advance what it is and will just trust you to mail me payment. I have been in Australia 3 times for a total of about 2 months and know almost all there to be very honorable people, so I will trust you to mail me a check after the fact.