But We Have A Contract And Everything...

The Realities of "Legal" Slavery

By Norische

"Legal Slavery" is it a reality or is it a fantasy. Not long ago I had a young man offer to become my "legal" slave; stating that there are ways, even in today's modern society, that a person can be considered the slave of another... perhaps not specifically using the word slave, but definitely under the total control of another. Hence I began to do research on the subject.

Power of Attorney

His first suggestion was to give me the right of Power of Attorney over him. So I did a little research on exactly what a POA is and what authority they have. There are several different types of POA's.

Specific Power of Attorney – this is often used when an individual or "principle" enables another individual or "agent" specific rights or powers over him or herself. For example, the agent is given the right to make medical decisions only, or financial decisions only, or decisions associated with education only.

Non-Durable Power of Attorney – this is often used for a specific transaction, such as the closing of a house, when the principal individual involved in the transaction is traveling outside of the country or is made unavailable in some fashion.

Durable Power of Attorney – this allows the agent to act on the behalf of an individual in a general format. While a durable power of attorney is focused on financial decisions, it can include educational, housing or residence, and medical related decisions as well. A durable power of attorney enables the agent control of primary decisions, even if the recipient is not mentally competent or physically able to make decisions. It also may be used immediately upon verification and notarization, and is effective until it is revoked by the principle individual or until that individual's death. One thing that must be noted is that a durable power of attorney can be removed at any time; as long as the principle individual is considered mentally competent he or she may withdraw the right of control at any time, without explanation or the need for rebuttal.

Springing Power of Attorney – is a durable power of attorney that becomes effective at a future time. An appropriate example is, if the principle individual is in an accident and becomes incapacitated, at that time a previously arranged power of attorney will "spring" into effect and be enacted at that time.

About this Form: A power of attorney is a document that evidences the creation of a relationship between two people who are designated as the "principal" and the "agent". The principal designates the agent in the document, and the agent is authorized to act on the principal's behalf--to stand in the shoes of the principal for whatever business the power of attorney permits. A power of attorney can be general, so that the agent can conduct any sort of business on behalf of the principal, or it may be specific, limited to the transactions expressly provided for in the document. Third parties may treat the agent as if he or she is the principal in any transactions which the agent is authorized to conduct. Powers of attorney are commonly used in all sorts of business activities, and are very frequently executed on behalf of individuals.

GENERAL POWER OF ATTORNEY

NOTICE: THE POWERS GRANTED BY THIS DOCUMENT ARE BROAD AND SWEEPING. IF YOU HAVE ANY QUESTIONS ABOUT THESE POWERS, OBTAIN COMPETENT LEGAL ADVICE. THIS DOCUMENT DOES NOT AUTHORIZE ANYONE TO MAKE MEDICAL AND OTHER HEALTH-CARE DECISIONS FOR YOU. YOU MAY REVOKE THIS POWER OF ATTORNEY IF YOU LATER WISH TO DO SO.

I, _____________________________ [YOUR FULL LEGAL NAME], residing at ______________________________________________________________________________ [YOUR FULL ADDRESS], hereby appoint ___________________________________ of _________________________, _________________________, ___________________________________, as my Attorney-in-Fact ("Agent").

If my Agent is unable to serve for any reason, I designate ___________________________________, of _________________________, _________________________, _________________________ __________, as my successor Agent.

I hereby revoke any and all general powers of attorney that previously have been signed by me. However, the preceding sentence shall not have the effect of revoking any powers of attorney that are directly related to my health care that previously have been signed by me.

My Agent shall have full power and authority to act on my behalf. This power and authority shall authorize my Agent to manage and conduct all of my affairs and to exercise all of my legal rights and powers, including all rights and powers that I may acquire in the future. My Agent's powers shall include, but not be limited to, the power to:

Open, maintain or close bank accounts (including, but not limited to, checking accounts, savings accounts, and certificates of deposit), brokerage accounts, and other similar accounts with financial institutions.
1. Conduct any business with any banking or financial institution with respect to any of my accounts, including, but not limited to, making deposits and withdrawals, obtaining bank statements, passbooks, drafts, money orders, warrants, and certificates or vouchers payable to me by any person, firm, corporation or political entity.
2. Perform any act necessary to deposit, negotiate, sell or transfer any note, security, or draft of the United States of America, including U.S. Treasury Securities.
3. Have access to any safe deposit box that I might own, including its contents.
Sell, exchange, buy, invest, or reinvest any assets or property owned by me. Such assets or property may include income producing or non-income producing assets and property.
Purchase and/or maintain insurance, including life insurance upon my life or the life of any other appropriate person.
Take any and all legal steps necessary to collect any amount or debt owed to me, or to settle any claim, whether made against me or asserted on my behalf against any other person or entity.
Enter into binding contracts on my behalf.
Exercise all stock rights on my behalf as my proxy, including all rights with respect to stocks, bonds, debentures, or other investments.
Maintain and/or operate any business that I may own.
Employ professional and business assistance as may be appropriate, including attorneys, accountants, and real estate agents.
Sell, convey, lease, mortgage, manage, insure, improve, repair, or perform any other act with respect to any of my property (now owned or later acquired) including, but not limited to, real estate and real estate rights (including the right to remove tenants and to recover possession). This includes the right to sell or encumber any homestead that I now own or may own in the future.
Prepare, sign, and file documents with any governmental body or agency, including, but not limited to, authorization to:
1. Prepare, sign and file income and other tax returns with federal, state, local, and other governmental bodies.
2. Obtain information or documents from any government or its agencies, and negotiate, compromise, or settle any matter with such government or agency (including tax matters).
3. Prepare applications, provide information, and perform any other act reasonably requested by any government or its agencies in connection with governmental benefits (including military and social security benefits).
Make gifts from my assets to members of my family and to such other persons or charitable organizations with whom I have an established pattern of giving. However, my Agent may not make gifts of my property to the Agent. I appoint ___________________________________, of _________________________, _________________________, _________________________ __________, as my substitute Agent for the sole purpose of making gifts of my property to my Agent, as appropriate.
Transfer any of my assets to the trustee of any revocable trust created by me, if such trust is in existence at the time of such transfer.
Disclaim any interest which might otherwise be transferred or distributed to me from any other person, estate, trust, or other entity, as may be appropriate.

This Power of Attorney shall be construed broadly as a General Power of Attorney. The listing of specific powers is not intended to limit or restrict the general powers granted in this Power of Attorney in any manner.

Any power or authority granted to my Agent under this document shall be limited to the extent necessary to prevent this Power of Attorney from causing: (i) my income to be taxable to my Agent, (ii) my assets to be subject to a general power of appointment by my Agent, and (iii) my Agent to have any incidents of ownership with respect to any life insurance policies that I may own on the life of my Agent.

My Agent shall not be liable for any loss that results from a judgment error that was made in good faith. However, my Agent shall be liable for willful misconduct or the failure to act in good faith while acting under the authority of this Power of Attorney.

I authorize my Agent to indemnify and hold harmless any third party who accepts and acts under this document.

My Agent shall be entitled to reasonable compensation for any services provided as my Agent. My Agent shall be entitled to reimbursement of all reasonable expenses incurred in connection with this Power of Attorney.

My Agent shall provide an accounting for all funds handled and all acts performed as my Agent, if I so request or if such a request is made by any authorized personal representative or fiduciary acting on my behalf.

This Power of Attorney shall become effective immediately and shall not be affected by my disability or lack of mental competence, except as may be provided otherwise by an applicable state statute.

This is a Durable Power of Attorney. This Power of Attorney shall continue effective until my death. This Power of Attorney may be revoked by me at any time by providing written notice to my Agent.

Dated ____________________, 20____ at _________________________, _____________________.

YOUR SIGNATURE:

__________________________________

YOUR PRINTED FULL LEGAL NAME:

__________________________________

WITNESS' SIGNATURE: __________________________________

WITNESS' PRINTED FULL LEGAL NAME:__________________________________

WITNESS' SIGNATURE: __________________________________

WITNESS' PRINTED FULL LEGAL NAME:__________________________________

Acknowledgement:

STATE OF _________________________

COUNTY OF _______________________

The foregoing instrument was acknowledged before me this _____ day of ____________________, 20____ by _____________________________ [YOUR FULL LEGAL NAME], who is personally known to me or who has produced ________________________________ as identification.

_________________________________
Signature of person taking acknowledgment

_________________________________
Name typed, printed, or stamped

_________________________________
Title or rank

_________________________________
Serial number (if applicable)

This document was prepared by:

Name: ___________________________________

Address: ___________________________________

___________________________________

The above is a form for a Durable Power of Attorney; you will notice that the primary focus on this standard Power of Attorney is financial. You can however amend this contract to encompass other areas, however in order for it to be considered legal a legal agent must formulate it.

Adult Adoptions

The next suggestion by the young man was the possibility of adult adoption.

In six states the adoptive parent must be at least 10 years older than the adoptee, in the state of Idaho the parent must be 15 years older.

Approximately 30 States allow the adoption of any person, regardless of age. A few other States allow parties to petition the court for the adoption of persons over age 18 but under age 21. Alabama restricts adoption of adults to persons who are permanently and totally disabled or mentally retarded. Ohio only allows adoption of an adult when the person is permanently disabled, mentally retarded, or a stepchild or foster child. Idaho, Illinois and South Dakota require that the adopting parent be in a sustained parental relationship for a specified period of time, ranging from 6 months to 2 years, with the adult to be adopted.

In the state of Arkansas any individual may be adopted, regardless of age Statute: § 9-9-203. In the state of Missouri any child under the age of 18 may be adopted, Statute: § 453.010. According to Statute: Tit. 10, §§ 7503-1.1; 7507-1.1 in the state of Oklahoma, a child may be adopted if properly released by a parent or guardian, also an adult individual may be petitioned for adoption when certain conditions are present.

To find the specifics on state regulations as to adult adoption an excellent site to explore is http://naic.acf.hhs.gov/.

There are several steps to adult adoption that must be considered.

Contact the court in your county that handles adoptions. Court employees will not be able to give legal advice but they can give you information what documentation is required by the court, many court systems have pre designed packets available and are happy to send the information directly to you, if this is unavailable be sure to ask
If court regulations require that an attorney represent you during adoption proceedings, or whether you can represent yourself in an adult adoption.
1. Where you can obtain the required legal forms used in the adoption petition.
2. The amount of the filing fee required when the petition is filed.
Obtain required legal forms. Some states have clearinghouses where you can obtain these legal forms or if a lawyer represents you he or she will obtain the necessary forms for you.
Submit required legal forms. This process will normally include legal fees and filling fees. Again if you have legal representation, they will handle this portion.
Await notification by courts as to a hearing date, keep in mind that all concerned parties are normally required to be present at the hearing.
Appear at the hearing. At the hearing the judge or magistrate, will listen to all parties and question each individual as to the circumstance and validity of the desired adoption. The individuals concerned my be required to present testimony expressing the parent-child relationship among the parties named in the petition. At the end of the hearing the court will set a date as to the finalization of the adoption.
Finalization of the adoption. The parties involved will receive legal documentation finalizing the adoption.
Apply for amended birth certificate. This process can be long and costly, and there is no guarantee that the court system will view your adoption request as valid. Even if the adoption goes through there are still some problems with adult adoption.

Some states such as Alabama, Arizona, Hawaii, Michigan, Nebraska and Ohio strictly prohibit one adult form adopting another.

Some states incest laws restrict sexual contact between the adoptee and the adopted adult.

Some states sodomy laws prohibit the adoptee and the adopted individual having a sexual relationship if the individuals are of the same sex.

Some states have a mandatory age difference between the adoptee and the individual to be adopted.

The state of New York specifically restricts the use of the adult adoption laws to become a "quasi-matrimonial vehicle" for same sex marriages to be viably legal, after several gay couples explored this option in the late 1980's.

The Delaware Supreme Court however viewed that adult adoption was appropriate, if used as a manner for a same sex couple to obtain "inheritance rights" for the individuals involved. (In re Adoption of Swanson, 623 A.2d 1095 (1993).)

Indentured Service

Now comes the final area that the young man mentioned, indentured service. This is where one individual purchases the financial obligations of another, in exchange for a limited time service arrangement. While the thirteenth amendment of the Constitution, abolished slavery and involuntary servitude, it does not mention voluntary servitude. This form of servitude is still quite common in today's society. Many law offices and legal corporations will pay for a student to be put through school in exchange for a specified amount of time in the service of the company. This is also done through Native American tribes, in order to obtain teachers, doctors, police officers and other professionals. Local school systems may pay for the education of a student in exchange for 3 to 5 years of employment at a minimum salary; in some circumstances there is no salary arrangement, however room, board and transportation is provided. The United States Military has a similar arrangement with its service men, where they will pay for a college education in exchange for years of military service upon graduation.

Most articles of endenturment that are currently active in this country are based on financial responsibility and service in response to taking on the bills and/or financial burden of another individual. To explore the possibilities of legal endenturment contact a legal representative familiar with your local laws and statutes that are applicable to your area. Some states do not acknowledge voluntary endenturment as being legal, hence your local state and county seat should be able to give you the specifics if you wish to explore a little on your own. While many European, Asian, and third world countries still support financial servitude or endenturment, America does not normally support independent, or private contracts.

Is legal slavery a valid possibility? Perhaps... each city, county, state, and country has their own legislature as to the legalities of adult adoption, and indentured service. As far as validating a legal power of attorney, this too has its limitations. If these options are something you are interested in I suggest you start researching the possibilities in your local area, but do keep in mind that all the above forms of "legal servitude" do extend some form of financial responsibility and incur some form of court costs, or legal fees.

As with everything this is my opinion, take what you will and leave the rest. If you wish to contact me, my email address is Norisch1@mchsi.com. If you wish to see more of my work you may find a complete listing of all my writings at... http://groups.yahoo.com/group/Norisches_Quill/?yguid=99788111 in the files section.