Legal Question in Banking Law in California

I have durable poa for my 92 year old mother and I want to change banks her her money is in a trust so the bank I want to move it to wants a living trust poa can I just use the durable poa form and where it says to put her name can I just write it with living g trust of her?

Asked on 2/03/20, 10:52 pm

1 Answer from Attorneys

Timothy McCormick Haapala, Thompson & Abern, LLP

It’s been a while since I’ve delved into the intersection between PoAs and trusts, but I’m pretty sure a trustee can never give a PoA that delegates the trustee powers. I am very sure, though, that unless the PoA clearly and explicitly states that the PoA includes power to act as trustee, you can’t act on behalf of the trust.

Read more
Answered on 2/03/20, 11:02 pm

Related Questions & Answers

More Banking Law questions and answers in California