Power of attorney (financial) of minor child in california

Question

Does a parent, (in California), with whom their minor child resides, need to gain Power of Attorney of said minor child in order for minor child to receive money left to child by father who died in accident? Parents were not married. Child is one of 5 children named by deceased father to receive funds set in place by father. 3 of the children listed were children of father and mother which minor child resides. One of those 3 children, were deceased when father set in place the disbursement of said funds. One of the 3 above mentioned is an adult no longer living with mother and the 3rd child is a minor who is and always has resides with the mother.  Mother is told power of attorney needs to be put in place because said funds were listed in minor childs name and legally cannot be paid to him due to age. Doesn't mother have power of attorney by default of being child's mother and his sole caretaker his entire life

James L. Arrasmith · Answer

In California, a parent generally has the legal authority to manage their child's finances, including money received from a deceased parent, without the need for a power of attorney. However, if the child's deceased father set up a trust or other legal instrument to manage the funds, the terms of that instrument will govern how the funds are distributed. 
 
If the funds are in the child's name and the child is a minor, the funds may need to be managed by a legal guardian or a custodian under the Uniform Transfers to Minors Act (UTMA). A parent may be able to act as the custodian of a child's UTMA account without the need for a separate power of attorney. 
 
Here are some California laws that may be relevant to your situation: 
 
California Probate Code §5300 provides that the transfer of a decedent's property to a minor must be managed by a legal guardian or a custodian under the Uniform Transfers to Minors Act (UTMA). 
 
California Family Code §7601 provides that a parent has the right to control their child's property, subject to any legal requirements. 
 
California Probate Code §13100-13116 sets forth the procedures for transferring small estates, which may be used to distribute the funds left by the deceased father. 
 
California Probate Code §6401 provides that the surviving spouse and children of a decedent have a right to a share of the decedent's estate. 
 
California Family Code §2335 provides that a minor's parent may act as the minor's custodian under the UTMA without the need for a separate power of attorney. 
 
It's possible that the party responsible for distributing the funds is requiring a power of attorney from the mother as an additional form of documentation, but it's important to review the specific terms of the father's estate plan and any legal instruments governing the funds to determine what steps are necessary. A family law attorney or estate planning attorney can help provide guidance on the legal options available and the best course of action to take in this situation.

Q: Power of attorney (financial) of minor child in california