Legal Question in Wills and Trusts in California
Have served a life tenant in a small claims matter. Have now received a letter from an attorney stating to send all correspondence to him only. Should there be an executed power of attorney form?
In the past the tenant has sent letters to the attorney and at other times wanted her children to handle the problems.
2 Answers from Attorneys
No There is no requirement of a power of attorney. But, assuming you are not an attorney, you may ignore his direction and contact anyone you like.
I agree with Mr. Selik.
You do not have to deal with the attorney, as you are not an attorney and are not governed by the Rules of Professional Conduct, which govern licensed attorneys in California.
A power of attorney is not the same thing as representing someone in a court of law.
Attorneys are not allowed to appear in small claims hearings, only on appeal in what are known as de novo hearings.
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