Make a family money plan in case of detention or deportation

This page covers money, the car and your home. Child care plans are on Make a family preparedness plan. This is general information, not legal or tax advice.

Planning ahead is not giving up hope. It is a way to protect what you have worked for.

Who should I trust with my money?

Pick one adult, and a backup. Choose someone who:

• Is honest and good with bills
• Lives nearby and answers the phone
• Has a stable immigration status, if you can, so they are less likely to be detained too
• Will keep your money separate from their own

Talk with them. Show them this page and the worksheet. Agree on what they will do, and what they will not do.

How do I give someone power over my money?

A power of attorney is a paper that lets a person you choose (your "agent") act for you on money matters, like paying bills, using your bank account or dealing with your property.

In California:

• The law has a ready made form, the Uniform Statutory Form Power of Attorney (Probate Code 4401). You pick which powers to give.
• To be valid, it must show the date, be signed by you, and be either notarized or signed by two qualified witnesses (Probate Code 4121).
• An agent must act for you, not for themselves. A good agent keeps your money separate from theirs and keeps receipts for everything.

A power of attorney is powerful. Only give it to someone you trust completely.

Will my bank accept it? California law is on your side here. Under Probate Code 4406, if a bank or other business refuses a properly made statutory form only because it is not on the bank's own form, that refusal counts as unreasonable, and a court can order it to honor the form and pay the agent's attorney fees. A refusal is allowed when another law requires it. Going to court takes time, so still ask your bank ahead of time and, if it has its own form, think about signing both. If the paper will be used for a house or land, talk to a lawyer first.

Many legal clinics help families fill this out for free. See Free legal help in the Bay Area.

What about my bank account?

• Set up online banking and write down how to log in. Keep that list in a safe place your trusted adult can reach. Never write your PIN on your card.
• Set up automatic payments for rent, phone and other bills, so they keep getting paid.
• Ask your bank about your choices: adding a trusted adult to the account, naming a person who gets the money if something happens, or using a power of attorney. Each choice gives the other person different rights. Ask exactly what a joint owner could do with your money, and think hard before you add anyone.
• Keep some savings where your family can reach it.

What about my car?

You have two main options in California.

Give a car power of attorney. DMV form REG 260 lets a person you choose fill out the papers to transfer your car if it needs to be sold or moved to someone else. Sign in ink and keep a copy.

Add a trusted adult to the title. Adding or removing an owner is a name change at the DMV. You need a corrected title and a Statement of Facts (REG 256), plus a fee.

The word between your names matters:

• "OR": either owner can sell or transfer the car alone. If one owner dies, the other keeps it.
• "AND": every owner must sign to transfer the car.

If you still owe money on the car, call the lender before you change anything. Keep your registration, insurance and loan papers in your folder.

What about my home?

• Know your lease. Keep a copy. Write down your landlord's name, phone and how rent is paid.
• Decide who pays rent if you are gone, and from what money. Set up automatic payment if your landlord allows it.
• Ask your landlord about adding another adult in your home to the lease, so someone can stay and keep paying.
• If you own a home, talk to a lawyer about a power of attorney that covers it.

What about taxes?

Keep filing your taxes, with your ITIN or Social Security number. Tax records can also help prove how long you have lived here (see Papers that show how long you have lived here).

Two IRS forms can help your family if you are detained:

• Form 8821, Tax Information Authorization, lets a person or group see your tax records. It does not let them act for you.
• Form 2848, Power of Attorney, lets someone represent you with the IRS. A close family member can be named: a spouse, parent, child, brother, sister, grandparent, grandchild, stepparent, stepchild, stepbrother or stepsister.

Ask a tax preparer you trust how this works for your family. Free tax help is on CalEITC and Young Child Tax Credit with an ITIN.

Where do I keep everything?

Make one folder, paper or digital, with:

• Copies of IDs, passports and birth certificates
• Bank names, account types and how to log in (store passwords somewhere safer than the folder)
• Lease or mortgage papers
• Car title, registration, insurance and loan papers
• Signed power of attorney and REG 260
• Last two years of tax returns
• A list of every bill: who, how much, due date, how it is paid

Tell your trusted adult where the folder is. Keep a second copy with them.

What if my family member is already detained?

It is harder, but not too late.

• Ask their lawyer first. A power of attorney must be signed and either notarized or signed by two qualified witnesses. Ask the lawyer how papers can be signed and returned from the detention center. ICE's 2011 detention standards (revised 2016) say a facility must help a detainee with no lawyer get a notary or certified mail "to pursue a legal matter" if family or friends cannot (ICE standard 6.3, section M). Not every facility runs under that standard, and if it is unclear whether a request is a legal matter, the facility checks with ICE's local lawyers. Put the request in writing and keep a copy.
• Use what you can do without their signature. Keep paying bills from shared accounts you already have rights to. Call the landlord, the car lender and the phone company to explain and ask for time.
• Ask for pay they are owed. See Emergency money help when a family member is detained.
• Send papers the right way. Mail to Golden State Annex and Mesa Verde must show the last four digits of the person's A number and your name and return address, and is checked for banned items (ICE Golden State Annex page, checked October 21, 2026). Send copies, not originals.

Example: a plan made in one evening

This example is made up to show the steps.

Luis and Marta rent in San José and share one car. One evening they chose Marta's sister, who has a green card, as their trusted adult, and Luis's cousin as backup. Luis filled out the statutory form power of attorney for money and a DMV REG 260 for the car. They signed both in front of a notary at their bank the next week and showed the bank the signed form. They set rent and the phone bill to pay automatically, made a bills list, and put copies in a folder at the sister's home. They set a reminder to look at the plan again in six months.

Who can help?

Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• Community Legal Services in East Palo Alto: 650-326-6440
• More free legal help on Free legal help in the Bay Area
• Mission Asset Fund offers a Financial Emergency Action Plan for Immigrants, in English and Spanish, with checklists and templates. missionassetfund.org/feapi

Is there a worksheet I can print?