California Durable Power Of Attorney
Q.Am wondering if anyone can provide me with assistance as to how power of attorney applies to an adult child who is unable to access funds from his or her bank due to a major temporary illness or medical condition and who therefore needs to borrow money from his or her parents on a very short term basis?? Basic idea is to avoid those parents from assuming total control of the adult childs bank accounts and basically stealing all the money in them not just the small amount needed to provide temporary assistance!! As you can guess from my scenario the parents and child arent on the best of terms and since the parents are money grubbers and not really that trustworthy the child has turned to them as a last resort!!
A.The scenario you posted doesn't seem to require a power of attorney. The patient is borrowing money, right? So what is the power of attorney for? If the idea is that the agent will use the patient's own funds from the bank account, what is the borrowing for? Here's an answer anyway. If the grantor is not mentally competent during the illness, the power of attorney should be drafted to be a durable power of attorney. "Durable" means that it remains in force while the grantor is incapacitated. If the grantor is, and is expected to remain, mentally competent, the durable language is not necessary. The grantor should not designate a power-of-attorney (agent) who cannot be trusted. That's basic. There is no way to draft the document in a way that all trust is replaced. I recognize that there are circumstances that make this impossible, but try. The power of attorney can easily be drafted so that it is for a limited purpose. If one bank account must be accessed, the power of attorney should be limited to that power and no others. If a general power of attorney is not needed, don't grant one. It may be possible to draft a power of attorney that is so limited that the agent can access the bank account up to a stated limit and no further, but I wouldn't risk it. It would be better to allow full access to one bank account and not others, and make sure the one account the agent can access doesn't have too much money in it. The California Probate Code has forms of powers-of-attorney. They are guaranteed to be valid and enforceable under California law. However, it is not easy to select the right one, and it takes some care in following the instructions on how to limit the powers. The grantor should have an attorney do the drafting, or at the very least, the grantor should consult with an attorney about the modifications being made to the Probate Code form.
Other Questions :
Canadian Immigration Lawyer
I am a landed immigrant in Canada, and i am now working under H1B visa in the US. i am thinking setting up a personal business in Canada and then get back to the US to work for my Canadian company. (probably sign contract with my current employer wit...
Criminal Defense Lawyers Association
Too many lawyers are in the business just to win and earn money. They could give a damn about the truth. If that's upsetting, too bad. I think a guilty man got away with murder because of mistakes by an underpaid prosecutor's team, and a...
Accident Attorney Michigan
http://answers.yahoo.com/question/index;_ylt=Aj4bm3_D3U.QP.6eUpDWfUkjzKIX?qid=20070113112121AAtVeIQIf there were a referral fee, the lawyer would pay it, not you. If someone is trying to claim ANY of any award your mother might get, and your attorney...
What do I need to do to marry an American - Should I use an Immigration Lawyer?
What do I need to do to marry an American - Should I use an Immigration Lawyer? I will soon be entering America on a Visa Waiver document. My partner (with an American Passport) and I (living in the UK with a British Passport) intention to marry. ...
Find A Family Law Lawyer
I need family law legal help really bad. awful situation with my ex husb He stole kid 2 MO. No $ No lawyer my marriage was not working. My husband left Las Vegas where our family had resided for 3 years and went to his home town in Missouri. I made...