Irrevocable Assignment And Power Of Attorney: Fill & Download for Free

What you need to do in order to take over the ‘property rights’ of a friend in prison would depend on what rights you want/need to ‘take over’ and where you and/or the property is (i.e., what jurisdiction).The one thing that wouldn’t matter much is where your friend is, in prison, although if you and/or the property is located in a jurisdiction that requires a specific type of notarization, where your friend is in prison could complicate things slightly as a practical matter.A power of attorney would be required for most property rights, such as the right to sell or the right to pledge as security. The type of power of attorney, whether absolute or not, revocable or irrevocable, etc. will depend on the jurisdiction, once again.However, some of the simpler rights, such as to collect rent or access an adjoining property per a valid easement, could be had with a written contract that is less onerous than a power of attorney that may require notarization. For example, an assignment or a lease and sublease could allow you to collect rents.I think it's also worth noting that this question doesn't have anything to do with intellectual property.

U.S. perspectiveWhether the developer is hired as an employee or an independent contractor, you need an appropriate contract that assigns to you all rights to the developed code as well as all associated intellectual property rights.Here is an example of a paragraph from an independent contractor agreement that addresses this issue:Client will have all right, title and interest, including all intellectual property rights, in and to the Deliverables. Client will be the sole and exclusive owner of the Deliverables as a work made for hire under U.S. copyright law and will be entitled to claim and register all copyrights and other rights in and to the Deliverables as the author. If for any reason the Deliverables are not deemed a work made for hire, Contractor hereby irrevocably assigns, transfers and conveys to Client all of its right, title and interest in and to the Deliverables, including complete, unconditional and worldwide ownership of all intellectual property rights in any draft or final version of the Deliverables. Contractor will assist Client, at Client’s expense, in securing, perfecting, obtaining, enforcing and defending those worldwide rights, including disclosure of all pertinent information and data and execution of all documents needed. If Contractor does not satisfy its obligation set forth in the preceding sentence, Contractor hereby appoints Client and its agents as Contractor’s attorney-in-fact (this appointment to be irrevocable and a power coupled with an interest) to act on Contractor’s behalf to satisfy that obligation. Client’s exclusive rights include, without limitation, the right to use, copy, publish, reproduce, alter or destroy Deliverables. Contractor waives any rights, including without limitation moral rights anywhere in the world, that it otherwise might have to interfere with or prevent the exercise of any of Client’s rights in Client’s sole and absolute discretion.For more information, please see Independent Contractors: How to Assign Copyrights.If this matter is important enough, you should retain a suitably experienced lawyer to advise you.

I will address irrevocable trusts in my reply (as opposed to revocable trusts). Most trusts have a designated trustee (as you are aware). Trustees typically have a fiduciary duty to administer the trust in a manner consistent with the trust terms (as stated in the trust). A precatory letter may or may not accompany the trust, generally as a separate document that is non-binding (it simply serves to make the grantor’s wishes clear - and clearly states it is providing guidance only, and that it is non-binding).An irrevocable trust may have a trust protector assigned, which has the right to veto any distribution actions the trustee wishes to take. The trust protector can be a family member, but not the grantor (for best protection) or potential beneficiary. The trust may also appoint an investment advisor, which directs the trustee with regard to how the trust should invest its assets (which has nothing to do with distributions to beneficiaries).Some trusts have language stating the trustee is operating in a non-fiduciary capacity, and will not be held responsible for negligence. However, in no case may the trustee be legally excused from committing fraud, no matter what the trust says.Most irrevocable trusts are set up with special power of appointment provisions, creating a situation in which the grantor can “manipulate” the trust indirectly, via a testamentary document. In addition, given that the investment advisor may be an LLC the grantor created and controls, assets which are unavailable (tied up in investments) cannot be distributed by the trustee, even if the trustee wanted to. On top of that, add the trust protector, and the trustee is little more than a proxy for the grantor’s wishes.I am not a lawyer; our family has such a trust, for our children and generations of their children to come (a dynastic trust). I was the principal architect of such a trust, assisting our attorney with creating the various entities (management LLC, investment LLC, etc) needed to effectuate a trust that meets our criteria.Such trusts generally do not pay “income” to the grantor, as that would leave them open to challenge (creditors of a beneficiary or grantor could get to the trust assets in satisfaction of judgement). Instead, clever trusts purchase assets on behalf of their beneficiaries (a home for them to live in, a car, vacations, etc). If a beneficiary lives with the grantor, or the grantor is a caretaker of some kind (loosely defined), then the grantor has the added advantage of living in said house, driving said car, and taking said vacations with the beneficiary.One more thing I should mention; if the grantor’s spouse is listed as a beneficiary, the trust may provide her with housing and support (including cash), as needed. By now, it should be obvious to you that the grantor also benefits indirectly from these distributions to the spouse, while receiving nothing himself/herself. As a result, the trust itself remains bullet-proof (against creditors and lawsuits), yet the grantor is able to extract money from the trust by simply having the trust protector suggest to the trustee that it distribute a certain amount of money (or property) to the spouse.