Legal Question in Wills and Trusts in California

I'm the current successor trustee in a living trust. My wife was the primary caregiver for her mother who suffers from dementia. My wife passed away on 19 August. She is the only person named on the durable power of attorney in the trust documents. As the current successor trustee, how do I get a new power of attorney with my name on it?

Asked on 8/27/12, 2:31 pm

2 Answers from Attorneys

Michele Cusack Pollak & Cusack

If your mother in law does not have capacity to sign a new power of attorney, you are stuck. You can handle the assets titled in the trust, but not assets with are outside the trust. You might have to petition for conservatorship.

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Answered on 8/27/12, 2:47 pm
Donald Field Donald L. Field, Jr., Attorney at Law

the power of attorney should have named alternates to avoid this problem (or replaced with a new power of attorney as soon as your mother in law began to have memory issues). at this point a conservatorship will be needed.

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Answered on 8/29/12, 9:35 am

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