If I’m named as a trustor in my mother’s Trust and a doctor deems her unfit to make decisions, do I need a power of attorney for financial and medical purposes beyond the Trust?

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If I’m named as a trustor in my mother’s Trust and a doctor deems her unfit to make decisions, do I need a power of attorney for financial and medical purposes beyond the Trust?

Asked on June 4, 2014 under Estate Planning, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Yes, you would need a power of attorney to have authority over any assets or decisions of hers (or relating to her, such as medical care decisions) beyond the trust. Being a trustee does not give you any authority over anything other than the trust itself.


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