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.

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


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