Question About California Power Of Attorney???
Q: I 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!! Thanks for your quick assistance!!
A: -Nobody, including a parent, has the right to take control of an adult's property without either his consent or a court order. A durable power of attorney (make sure it's "durable" or it won't work for your purpose) is to allow someone to select a person he trusts to manage his property when he is not able to do so himself. It is not required to name a parent. If you really don't think you can trust them, and you can't think of anybody else, try a stock broker or banker. They are often legally allowed to take on that sort of role. -I don't understand this at all -- my best guess is you're saying that the adult child is too ill to go to the bank but needs cash money and therefore is not too ill to go out and spend it. If he's well enough to execute a power of attorney, he's also well enough to write a check. Why doesn't he just write them a check for the amount he needs? I have the very strong feeling there's some highly relevant facts you're not telling us. If you provide the relevant facts, you may get a more useful answer. If you can't provide relevant facts for reasons of confidentiality, you should consult a lawyer.