Legal Question in Wills and Trusts in California

Re: Power of Attorney for a Criminal

I am very sorry to hear of your father's plight. I hope you have retained a good defense counsel to minimize his possible sentence. If not, I can assist you in locating one. I have a couple that I personally recommend on www.theLawShack.com under the attorney heading.

As far as your question, you will need one of the following:

(1) a Durable Power of Attorney for Asset Management. This will allow you control over the assets and, if limited in time, it will cease to have effect at the time of his release.

(2) A family trust with you as named trustee. He will be able to amend this to name himself as trustee once he is released as well. Our firm generally recommends the second, even where there is not an immediate need as with your situation.

The tax and transfer benefits of a trust are immense. If you would like some additional information regarding some of the benefits, I have provided them on our firm's web site at www.No-Probate.com.

Please take a moment to familiarize yourself with the information and if you would like additional help, or a free consultation on how a trust can benefit you in your particular situation, please do not hesitate to contact me at 626-578-0708 or through the No-Probate.com web site.

Regards,

Scott Linden

Re: Power of Attorney for a Criminal

Which form the solution may take, be it a LLC, Corporation, Trust, or power of attorney, Call me directly at (619) 222-3504.

Re: Power of Attorney for a Criminal

In order to correctly and completely answer this question, the prenuptial agreement must be reviewed and the character (community property, quasi-community property, separate property, joint tenancy, etc.) of all of your father's assets must be determined. Either spouse normally has control and management of community property.

SEE http://www.leginfo.ca.gov/cgi-bin/displaycode?section=fam&group=01001-02000&file=1100-1103

SEE ALSO http://www.leginfo.ca.gov/cgi-bin/displaycode?section=fam&group=00001-01000&file=760-761

As to separate property your father could give you a power of attorney to manage such property.

SEE http://www.caregiver.org/caregiver/jsp/content_node.jsp?nodeid=434

Re: Power of Attorney for a Criminal

Your father could put his separate property assets in a trust and appoint you trustee. In the alternative, your father could also just give you a power of attorney and put you in charge.

Re: Power of Attorney for a Criminal

A durable power of attorney for property, signed and notarized, will work--I'd recommend that an attorney prepare it to cover any additional items needed that may not appear on a standard, store-bought form.