Previously, uncompensated agents were not liable unless the loss resulted from the attorney-in-fact's bad faith, intentional wrongdoing or gross negligence. That immunity allowed some uncompensated agents to act irresponsibly to the detriment of the principal.

Although an agent appointed under a power of attorney still does not have an affirmative duty to act (unlike a trustee), whenever such agent chooses to act under the power of attorney then the agent must do so prudently and responsibly under the circumstances known to the agent.

Even agents who act without compensation and breach this duty may now be held liable by a court for any loss or depreciation in value of the principal's property resulting from the breach of duty, with interest; for any profit made by the attorney-in-fact through the breach of duty, with interest; or for any profit that would have accrued to the principal if the loss of profit is the result of the breach of duty.

Consider, for example, a son who manages (without pay) his parents’ brokerage account as their agent for financial affairs.

As agent the son makes investment decisions and buys and sells securities using his parents’ money.

Now when the son as agent makes these investments, he is held to a similar standard of care as a trustee responsible for trust investments.

Thus, if the son acts negligently – such as making unsound investments without reliance on an qualified investments advisor – he can be held liable in the ways described above; such as for any loss resulting from a breach of this duty.

How would the negligent agent ever be held liable?

A court proceeding initiated by a petition to impose the liabilities (penalties) would have to be filed. That petition could be filed by the principal, by a subsequent agent or by a subsequent conservator for the estate of the principal.

The court would then hear the facts and circumstances related to the agent’s actions and would then decide whether or not to impose the penalties.

The court has discretion to excuse the negligent attorney-in-fact in whole or in part from liability if the attorney-in-fact acted reasonably and in good faith under the circumstances as known to the attorney-in-fact, if the court finds that it would be fair and just to do so.

Clearly, the purpose of the law is to protect the principal (the parents in my example above) from an unreasonably negligent agent by holding the agent accountable.

An agent is, therefore, well advised to seek relevant professional help to properly undertake any endeavor on behalf of the principal.

Accordingly, if the agent is signing the principal’s tax return, the agent should hire a qualified tax preparer to prepare the tax return.

If is selling real property, the agent should hire a qualified real estate agent to assist in the sale. If the agent is managing investments, the agent should hire a qualified financial advisor.

And, lastly, if when any legal issues arise, the agent should consult a licensed attorney for advice.

Dennis A. Fordham, attorney (LL.M. tax studies), is a State Bar Certified Specialist in Estate Planning, Probate and Trust Law. His office is at 55 First St., Lakeport, California. Dennis can be reached by e-mail at This email address is being protected from spambots. You need JavaScript enabled to view it. or by phone at 707-263-3235.

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The victim in the shooting was 41-year-old Josephine Navarro, who was listed as a transient but had previously been listed as being from San Leandro, according to Capt. Kurt Smallcomb of the Mendocino County Sheriff's Office.

Navarro's boyfriend, 46-year-old Samuel DeJesus Campos, was taken into custody on Monday after he told investigators that he shot Navarro as she was lying in bed in their travel trailer holding their small dog, Smallcomb said.

Campos, a transient with previous connections to Oakland, said he had meant to shoot and kill the small, injured dog but hit Navarro instead, according to Smallcomb's report.

Smallcomb said the investigation into the Navarro's death is continuing.

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However, county Road Superintendent Steve Stangland said Monday that things over the weekend went “great,” with his staff able to respond quickly to the situation the weather created.

“We came through it really well,” Stangland said.

Several of his road staff came in on New Year's Day, giving up their holiday to work on clearing the roads.

“I can't thank those guys enough,” Stangland said. “They did an excellent job.”

Stangland said the area of the county hit hardest by snowfall was Cobb, where there were two snowfalls of 6 to 10 inches each, he said.

That left Bottle Rock Road, Gifford Springs and Loch Lomond Road covered with snow. Stangland said Monday snow was still present in the Cobb area.

Along with Cobb, most of the county's snow-related road issues occurred in Kelseyville south of Mt. Konocti, the Clear Lake Riviera and Lower Lake, Stangland said.

Road crews plowed the Clear Lake Riviera, where Stangland reported about 4 inches of snow fell.

“We take care of the major roads first, then work our way into the subdivisions,” he said.

He added that sometimes people don't understand the order of clearing the roads, but he explained that it doesn't do much good to clear roads in front of homes when major roads aren't open.

Stangland said he has staffers from all three road division yards starting early, 4 a.m. shifts in order to clear the roads ahead of the commuter traffic.

Over the snowy holiday weekend, Stangland's road crews were able to help out partner agencies, such as Caltrans, and the city of Clearlake, where they kept the road open up to St. Helena Hospital Clearlake.

He said some of his staff spent Monday wrapping up their sanding of Cobb-area roads.

All three county road yards also spent the day stocking up on more sand, which Stangland said will be important to have on hand if the roads refreeze.

“Even though it's not raining or snowing, we still have to be out there,” he said.

E-mail Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. . Follow Lake County News on Twitter at http://twitter.com/LakeCoNews , on Facebook at http://www.facebook.com/pages/Lake-County-News/143156775604?ref=mf and on YouTube at http://www.youtube.com/user/LakeCoNews .

A search team found the body of Jesma Bailey in Middle Creek, according to Capt. James Bauman of the Lake County Sheriff's Office.

Bauman said deputies responded to Bailey's residence on Dewell Road shortly before 10:30 a.m. Wednesdsay when her husband, Daniel Bailey, reported that she had disappeared from their residence some time during the previous night.

Daniel Bailey told deputies he had last seen his wife at about 9 p.m. Tuesday when he went to bed, Bauman said. The following morning when Daniel Bailey woke up, his wife was gone and a door leading outside from her room had been left open.

Prior to the deputies’ arrival, Daniel Bailey had found a pillow, a blanket, his wife's reading glasses and some DMV paperwork outside about 40 feet from the home, Bauman said.

Daniel Bailey told deputies that his wife had been troubled about her fourth driving under the influence arrest last November, but had otherwise expressed no thoughts of hurting herself. Bauman said the husband also reported finding empty liquor bottles about the home and a bottle of recently filled prescription medications was found nearly empty.

Additional deputies arrived to assist with looking for Jesma Bailey around the property and the area of Middle Creek, which is directly across Dewell Road from the home, Bauman said. After failing to locate the woman in the immediate area, deputies requested that a search and rescue operation be launched.

Bauman said an incident command center was established at the US Forest Service Station on Elk Mountain Road by Lake County Sheriff’s Search and Rescue and Office of Emergency Services coordinators. Members of the K-Corps joined Search and Rescue volunteers to expand the search area.

Efforts to get air support from outside of the county were thwarted by weather conditions, Bauman said. However at about 2:15 p.m. Wednesday a locally assigned REACH helicopter was able to respond.

While flying the area, the REACH helicopter located what appeared to be clothing along the banks of Middle Creek, Bauman said.

Acting on that information, Bauman said a search team proceeded to an area more than a mile downstream from the Bailey home and at about 3:20 p.m. they found Jesma Bailey deceased in the water.

Upon recovering the body, Bauman said detectives called to the scene found the woman had sustained some superficial injuries, but there were no obvious signs of foul play or significant trauma.

He said the exact circumstances surrounding Jesma Bailey’s death are pending further investigation and her exact cause of death is pending the results of an autopsy scheduled for next Monday.

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Robby Alan Beasley, 30, and Elijah Bae McKay, 28, both former Maine residents, appeared separately before Lake County Superior Court Judge Stephen Hedstrom Tuesday afternoon, at which time they entered their not guilty pleas, according to Senior Deputy District Attorney Art Grothe.

Beasley and McKay are each charged with two counts of murder for the slayings last January of Yvette and Frank Maddox of Maine, who investigators said came to Lake County to work for Beasley in a marijuana growing operation.

The couple's bodies were found in early March off of Morgan Valley Road in Lower Lake.

Beasley and McKay also are facing special allegations of committing multiple murders in the first or second degree, committing the offenses with the intent to inflict great bodily injury on the victims and using a 9 millimeter firearm, with an additional special allegation that Beasley had a prior 2007 felony conviction in Maine for criminal threatening with a firearm.

Ukiah attorney Richard Petersen is McKay's attorney, while attorney Stephen Carter is representing Beasley.

Carter said Beasley is set for preliminary hearing on the morning of Jan. 18.

He said he is expecting a “longer than usual” preliminary hearing, with estimates in court on Tuesday putting the proceeding at between four and five days.

Grothe said McKay will appear April 5 for the setting of his preliminary hearing. McKay agreed to waive his time, while Beasley did not, which means Beasley's case will be expedited, Grothe explained.

In court last month, Grothe stated that, as currently charged, the men could face the death penalty or life without the possibility of parole if convicted.

He said Tuesday that the decision on how to pursue the case – either as capital murder or life in prison – will come later, likely after Beasley's preliminary hearing later this month.

Grothe also wants to confer on the case with new District Attorney Don Anderson, who was officially sworn in on Tuesday morning, before making that final determination.

Beasley and McKay remain in the Lake County Jail.

On Monday, the Kennebec Journal obtained a copy of an e-mail Beasley sent his grandmother, Charlotte Beasley, which it shared with Lake County News.

In the message, Beasley told his grandmother and his father that he was to be in court on Tuesday, and that “the charges should get dropped that day.”

He wrote, “I was in court a few weeks ago, some guy was here for 15 months and my lawyer got his charges dropped and he went home. I'm not stressed out about it and you should not worry. I'm innocent. This place falsely charges a lot of innocent people with out (sic) proof.”

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Maria Felix Prado, 48, pleaded no contest to vehicular manslaughter and was sentenced on Nov. 8 to 10 days in jail, 80 hours of work service, three years' probation, standard fines and restitution to the estate of Sandra K. Thomas, according to Deputy District Attorney John Langan.

Prado's attorney, Jesse Chrisp of Lower Lake, said Prado had the option of doing alternate work service rather than jail time, and was almost done with her sentence. He said he had no other comment on the case.

Thomas, of Noblesville, Ind., died last April 9 when the vehicle she was riding in was hit by a Dodge Caravan driven by Prado, who had drifted off of Highway 20 outside of Nice and overcorrected, crossing into the oncoming lane of traffic, as Lake County News has reported.

Thomas and her husband, James, had traveled to Ukiah last spring to visit their daughter, Sarah Noguera. The collision occurred as Noguera, her husband and two small children were driving the Thomases to the airport in Sacramento.

The California Highway Patrol's investigation concluded that Prado made an “unsafe turning movement” and went off the highway at 55 miles per hour before losing control, according to court documents.

Prado told the CHP at the scene that she was on the way to a doctor's appointment in Upper Lake and that she couldn't remember what happened because it took place so fast.

However, several days later she contacted a CHP officer to say another car had been tailgating her. The other parties involved did not corroborate that statement, according to the investigation documents.

Noguera, who along with her father was seriously injured in the crash, told investigators she looked over in Prado's direction, saw dust and heard the Caravan's motor revving before it “suddenly cut across the road and hit them.”

Prado, who had a previous conviction for use of a cell phone while driving, wasn't using her phone at the time of the crash, based on cell phone records, the CHP investigation indicated.

The CHP found no mechanical issues with Prado's vehicle, and Langan said she was charged with a single count of misdemeanor vehicular manslaughter.

Langan said he checked with the court early on in the case, with the court indicating that Prado would have received a maximum of 20 days in jail if convicted since she had no real prior record.

While he believed he could have prevailed at trial, Langan said the time and expense to get 10 days more was not an effective use of taxpayer dollars.

During the course of the proceedings, court records noted that Prado missed an Aug. 16 hearing and Judge Andrew Blum issued a $50,000 bench warrant for her, which was recalled in October. However, she missed a second court appearance on Oct. 25 and Blum issued a second, no-bail bench warrant, which he recalled at her Nov. 8 sentencing.

Langan said the alternative work program “technically is jail time,” and it's up to the Lake County Sheriff's Office whether or not it will allow individuals to use it. In this case, the agency verified with Langan and the court that a misdemeanor manslaughter sentence would qualify.

Prado had six weeks following the sentencing to arrange the alternative work service, said Langan. “If she doesn't complete it, it converts to a jail sentence.”

Court documents indicated that Prado was required by Dec. 13 to show proof of enrollment in the program, and she must return to court on June 7 with written proof of completion.

Langan noted that a civil case has been filed as a result of the crash. Details of that case – which did not show up in a search of Lake County court records – were not immediately available.

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The district will receive a grant of just over $1 million and a loan of approximately $600,000 allocated by the U.S. Department of Agriculture’s (USDA) Rural Development program, according to Congressman Mike Thompson (D- St. Helena), who announced the funding Wednesday.

“This solar array system will meet all the energy needs for the water reclamation plant, reduce their reliance on fossil fuels and cut their green house emissions,” said Thompson. “These kinds of projects are a win-win situation; not only is it supporting green technology and jobs, but benefiting our environment.”

The Hidden Valley Lake Community Services District provides water, sewer and reclaimed water to approximately 7,000 residents in southern Lake County.

The district’s water reclamation plant is the largest source of energy demand in the area, requiring approximately 423,000 kilowatt hours which produces 123 metric tons greenhouse gas emissions annually.

The solar array system will ensure sustainable energy costs, cuts to greenhouse emissions and provide reliable sustainable service as the Hidden Valley Lake service area builds out.

“The district board and staff have worked long and hard to make this solar project a reality for the Hidden Valley Lake community, but it would not have become a reality without the continued support and advocacy of Congressman Thompson,” said Linda Herndon, president of the Board of Directors of the Hidden Valley Lake Community Services District.

Herndon added, “His advocacy for rural and less affluent communities has been consistent over the years and provided the critical opportunity for us to be heard in an arena where it really counts. As a result this project has been made possible.”

Visit the district online at www.hiddenvalleylakecsd.com/ .

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Christopher Sorenson Jr., 20, was struck by a vehicle traveling southbound on Highway 53 shortly after 2:30 p.m., according to a report from Clearlake Police Sgt. Tim Celli.

Clearlake Police investigating the crash found that Sorenson had apparently exited another vehicle near the intersection of Highway 53 and Dam Road after he saw a Ray's Food Place employee chasing an alleged shoplifter, Celli said.

Sorenson had decided to join the foot chase, Celli said. As Sorenson crossed the highway, he was struck by a Nissan SUV driven by 37-year-old Clearlake resident Shanti Gallon, who was traveling at about 40 miles per hour.

Celli said Highway 53's southbound lanes near the intersection were shut down for approximately an hour as the investigation took place.

Sorenson was transported to St. Helena Hospital Clearlake where he was treated for his injuries. Celli reported that Sorenson was in stable condition Tuesday evening.

The alleged shoplifting suspect that was being chased was not captured and has not bee identified, Celli said.

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SACRAMENTO – Two decades after he left the governor's office, Edmund “Jerry” Brown was once again taking the oath to lead the state, vowing to take on the state's troubled budget and get the state back on its feet.

Brown took the oath in a Monday ceremony at the State Capitol Building as state leaders past and present – among them outgoing Gov. Arnold Schwarzenegger as well as former Gov. Gray Davis – looked on.

He said the year ahead will “demand courage and sacrifice,” and will require that elected officials rise above partisan politics. “There is no other way forward. In this crisis, we simply have to learn to work together as Californians first, members of a political party second.”

He promised to be guided by three principles: Speak the truth, no new taxes unless the people vote for them and return decisions and authority to cities, counties and schools as much as possible.

The budget Brown said he will present next week will be painful but honest, he said.

“My goal is to achieve greater accountability and reduce the historic shifting of responsibility back and forth from one level of government to another,” he said. “The plan represents my best understanding of our real dilemmas and possibilities. It is a tough budget for tough times.”

Recalling his family's own pioneer history, Brown said California's people have not lost their pioneering spirit or their capacity to meet life’s challenges.

“Even in the midst of this recession, Californians this year will produce almost $2 trillion of new wealth as measured by our state’s domestic product,” he said.

“The innovations of Silicon Valley, the original thinking coming out of our colleges and universities, the skill of our farmers, the creative imagination of Hollywood, the Internet and the grit and determination of small businesses everywhere – all give hope for an even more abundant future,” Brown said. “And so do our teachers, our nurses, our firefighters, our police and correctional officers, our engineers, and all manner of public servants who faithfully carry out our common undertakings.”

In the coming year the state will confront many problems – education, crime, budgets, water – but, offering perspective, Brown said, “Many of these issues have confronted California one way or another for decades, certainly since the time of Governor Earl Warren.”

He concluded, “California here I come, right back where I started from.”

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U.S. Sen. Barbara Boxer takes the oath of office in a reenactment ceremony in the Old Senate Chamber with Vice President Joe Biden and her husband, Stewart Boxer, on Wednesday, January 5, 2011. Photo courtesy of U.S. Senate Photo Studio.

LAKE COUNTY NEWS REPORTS – On Wednesday U.S. Sen. Barbara Boxer (D-CA) was sworn in for her fourth term as a United States senator.

Boxer took the oath of office at noon on the U.S. Senate floor.

Sen. Boxer later participated in a reenactment ceremony in the Old Senate Chamber with Vice President Joe Biden and her husband, Stewart Boxer.

She won reelection last year after a long and contentious campaign in which she battled with Republican senatorial nominee Carly Fiorina.

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Forty-six-year-old Samuel Campos of Oakland, Calif., was arrested for murder Monday for allegedly shooting his girlfriend to death while trying to kill their dog. Mendocino County Jail booking photo.

WILLITS, Calif. – Mendocino County officials arrested an Oakland man on Monday on suspicion of the killing his girlfriend while attempting to shoot their dog.

Samuel DeJesus Campos, 46, was arrested for murder following interviews with investigators, according to Capt. Kurt Smallcomb of the Mendocino County Sheriff's Office.

Smallcomb said authorities weren't releasing the name of the 40-year-old San Leandro woman who was the victim, pending the notification of next of kin.

The investigation began Monday morning when the Mendocino County Sheriff's Office received a report of a possible homicide that had taken place the night before at a residence north of Willits in the 29800 block of N. Highway 101, Smallcomb said.

Sheriff's deputies, along with Willits Police officers, responded to the location and found inside the residence a deceased woman who had suffered a gunshot injury, according to Smallcomb.

On Monday afternoon, sheriff's detectives and deputies, with the assistance of newly elected Mendocino County District Attorney David Eyster and personnel from his office, continued the

investigation into the shooting, Smallcomb said.

Smallcomb explained that law enforcement officials learned that Campos and the victim had been living together in a 40-foot camp trailer north of Willits.

At some point on Sunday evening Campos allegedly obtained a firearm and fired at least one round, which Smallcomb said struck the victim in the upper torso.

When sheriff's detectives and district attorney's personnel interviewed Campos on Monday, he stated that during the day on Sunday he and the victim had been involved in a domestic verbal argument regarding their dog accidentally being injured while Campos was playing with it, Smallcomb said.

Campos reportedly told detectives that the woman was lying in bed while holding the small injured dog on Sunday night. He allegedly decided to shoot and kill the dog and retrieved a handgun, according to Smallcomb.

While the victim was still holding the dog, Campos allegedly fired one shot, missing the animal. Smallcomb said Campos stated that he fired a second shot fatally, striking the victim.

Smallcomb said Mendocino County Sheriff's detectives are continuing the investigation into the incident.

Campos is being held in the Mendocino County Jail, with his bail set at $500,000, Smallcomb said.

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“I am deeply humbled by the trust you have placed in me and I will never forget it is you, the people of California, whom I serve,” Harris said.

The oath was administered by Chief Justice of California Tani Cantil-Sakauye at the California Museum for History, Women and the Arts.

The inauguration ceremony included an invocation by Bishop T. Larry Kirkland Sr. of the African Methodist Episcopal Church and a performance by classical Indian dancer Vidya Sundaram.

Sgt. Gerald D'Arcy of the San Francisco Police Department sang the national anthem and the Presentation of Colors was given by the Department of Justice Color Guard and the Sacramento Area Firefighters.

Attorney General Harris stressed in her inaugural address that she will seek innovative new approaches in tackling the state's toughest problems.

“It is often said that a good prosecutor wins convictions. But a great prosecutor has convictions,” she said. “In the coming four years, and in the continuing work of the Attorney General's Office, we are going to do whatever it takes in the cause of protecting and defending the lives and livelihoods of all Californians, by moving beyond the status quo.

“To do this, we are going to need to get smart on crime – tougher and smarter – about making California the undisputed national leader in innovation in crime fighting,” Harris said.

As chief law enforcement officer for the state, Harris plans to focus on reducing recidivism and on reforming the state's revolving door prison system.

A major priority of her office will be to lead a renewed collaborative effort against transnational gangs and organized crime.

In her role representing the interests of the people of California, Harris is deeply committed to protecting consumers from mortgage fraud and other scams, as well as to preserving the state's natural resources.

Harris is the first woman, and the first African American and the first South Asian American, to hold the office of attorney general in the history of California.

She served two terms as district attorney in San Francisco. First elected in 2003, Harris drew on nearly 20 years of experience as a courtroom prosecutor to fight violent crime. Her office said that, during her tenure, the city increased conviction rates for serious and violent offenses, expanded services to victims of crime and their families, created new prosecution divisions focused on child assault, public integrity and environmental crimes, and launched effective programs to keep parolees from reoffending.

To combat one of San Francisco's biggest challenges, gun violence, she created a gun specialist team and implemented tough gun charging policies.

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