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California Legal Help Topics, Discussions and Information relating to Legal Information specific to the State of California. This information is *NOT PROFESSIONAL* and should always be fact-checked!

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Old 07-20-2009, 09:58 PM
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Question Power of Attorney: Can son schedule an appt. with Notary while in reception

I need to obtain a Power of Attorney for my son. He is in Donovan/So Calif,and still being housed in the "reception" area. My question to anyone who has done this or has knowledge, do I fill out the respective names, then just send it to him? I was told a notary is on site on Thursdays? Will he be allowed to schedule an appointment with the Notary when he is still in the "reception "area?

Thanks to all who participate.
I am new to this and the non-judgemental advice is so appreciated!!!
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Old 07-20-2009, 10:33 PM
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I would call the legal department where he is to clarify their procedure. It varies from place to place. Good luck and god bless!! =)
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Old 07-20-2009, 11:02 PM
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I did it before. Just send it in and he can schedule an appotment thru a CO or his counselor. Send 2-3 copies just incase he or someone else makes a mistake, he'll have a back up.
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Old 08-21-2019, 05:33 PM
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I have a power of attorney effectively its an "attorney in fact." does any legal mail the inmate sends to me or I send to him have to be inspected before he receives it? A lot of his legal mail goes missing or never arrives at the destination.
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Old 08-21-2019, 06:35 PM
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"Attorney in fact" just mean you can handle business matters on his behalf. You cannot file papers in a court of law or act in a court of law as his attorney. Legal mail is mail from the court or from an attorney.

So no, unless you are a barred attorney, you cannot send confidential "legal mail".
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Old 08-21-2019, 10:52 PM
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Quote:
Originally Posted by methemom View Post
I need to obtain a Power of Attorney for my son. He is in Donovan/So Calif,and still being housed in the "reception" area. My question to anyone who has done this or has knowledge, do I fill out the respective names, then just send it to him? I was told a notary is on site on Thursdays? Will he be allowed to schedule an appointment with the Notary when he is still in the "reception "area?

Thanks to all who participate.
I am new to this and the non-judgemental advice is so appreciated!!!
Each CA prison has a Litigation Coordinator and they typically handle arranging of notaries. It sounds like your son knows there is one and when they are there, but you might call that office and ask how he goes about utilizing them. There may be a charge to his account for any services rendered. Best of luck!

Litigation Coordinator phone and fax
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Old 08-22-2019, 08:04 PM
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Quote:
Originally Posted by CAdreaming View Post
I have a power of attorney effectively its an "attorney in fact." does any legal mail the inmate sends to me or I send to him have to be inspected before he receives it? A lot of his legal mail goes missing or never arrives at the destination.


Any mail that meets the criteria of legal mail . The inmate must sign for it when he/she receives it The criteria I remember that meets "Legal Mail" Mail from any attorney with the attorneys name and return address on it any mail from the courts, any mail from elected officials.
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Old 08-23-2019, 08:29 PM
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Here is what the Title 15 say about confidential Mail/Legal Mail. If any of the supposedly legal mail the person is not getting doesn't meet this criteria. The mail will be treated and regular mail


3141. Confidential Correspondence.
(a) Confidential correspondence is a right guaranteed by law.
Using confidential correspondence for personal non-business correspondence,
the transmission of contraband items, or the smuggling
of letters and other communications to be forwarded to persons not
listed in subsection (c) is an abuse of this right and such proven
abuse may be subject to disciplinary action as described in Sections
3314 and 3315.
(b) Confidential mail will not be limited to First Class mail
standards. Mail received from confidential correspondents will be
processed regardless of weight or postage class.
(c) Persons and employees of persons with whom inmates may
correspond confidentially and from whom inmates may receive
confidential correspondence include:
(1) All state and federal elected officials.
(2) All state and federal officials appointed by the governor or
the President of the United States.
(3) All city, county, state and federal officials having responsibility
for the inmate’s present, prior or anticipated custody, parole
or probation supervision.
(4) County agencies regarding child custody proceedings, as
clearly identified in the communication and listed on the envelope.
(5) All state and federal judges and courts.
(6) An attorney at law, on active status or otherwise eligible to
practice law, listed with a state bar association.
(7) All officials of a foreign consulate.
(8) The Secretary, Undersecretary, Chief Deputy Secretaries,
Executive Director, Assistant Secretaries, Division Directors, Deputy
Directors, Associate Directors, the Chief, Inmate Appeals, and
the Lead Ombudsman’s Office of the Department.
(9) A legitimate legal service organization that consists of an
established group of attorneys involved in the representation of offenders
in judicial proceedings including, but not limited to:
(A) The American Civil Liberties Union.
(B) The Prison Law Office.
(C) The Young Lawyers Section of the American Bar
Association.
(D) The National Association of Criminal Defense Lawyers.
(E) California Appellate Project.
(d) All incoming confidential mail from an attorney or legal
service organization shall include the attorney’s name, title, and
return address of their office. Institution mailroom staff shall contact
the CDCR Office of Legal Affairs Division at Headquarters
if there is any question regarding the legitimacy of a legal service
organization.
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