Legal Question in Wills and Trusts in California

I, not a blood relative, have been named in a trust along with a blood relative by the owner of the trust , each of us as a 50/50 beneficiary. Should the owner of the trust pass away, what are my rights in being named first as having POA?

Asked on 9/15/22, 9:49 pm

1 Answer from Attorneys

Timothy McCormick Haapala, Thompson & Abern, LLP

A POA expires with the death of the grantor of the power. Unless it is a "durable" power of attorney, it also expires if the grantor becomes incapacitated. A POA only carries the power to do that which the grantor could do themselves. So, for example, if they become mentally incompetent, or go into a coma, the POA cannot be exercised unless it is "durable." Upon death even a durable POA expires.

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Answered on 9/16/22, 9:41 pm

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