Legal Question in Wills and Trusts in California
I live in California and had a Living Trust done by an attorney several years ago. I now need to remove the person who has authority over my medical and other decisions. Am I required to do an amendment or can I use the previous trust, create a new document with the updates and a current date, have it notorized and use that as my new Living Trust?
1 Answer from Attorneys
Your post is a little confusing, because trusts are usually created with property, and a separate document called a health care directive is prepared for decisions over medical treatment. The health care directive is often called a living will, which is really a misnomer.
I suggest speaking to an estate planning attorney, because you use the term "notarized." I often see that in will and trust kits that people purchase, which often fail to comply with California's tricky laws regarding wills, trusts, and health care directives. I realize that you wanted to save money, but by trying to save money, you may have done it incorrectly.
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