Legal Question in Wills and Trusts in Ohio

Re: making a change to a trust

I would say there is not a simple answer to the question based on the facts you describe.

To a great degree, it can depend upon the language of the original trust; also, whether or not Father has a General Durable Power of Attorney, and whether or not beneficiaries or other parties will complain if the Trust is operated based on the intent described to the attorney.

Often the Trust will state the specific requirements for amendments, such as whether or not they must be in writing (typically yes) and whether or not they must delivered to the Trustee and with how much notice period; 30 days is fairly common.

If Father was the only Trustee, delivery of notice to himself would not be necessary and it would become an issue of whether the Trust can be amended without a signed writing.

Of course, whether or not Father has proper capacity to sign the amendment may now be an issue depending upon the nature of his worsened health. The attorney should be able to determine whether or not Father has capacity to sign. Also, if father had an existing General Durable Power of Attorney (typically he would have this if he had a trust-based estate plan drawn up by an attorney previously)it is possible the Power provides for the Agent to sign for such amendments.

If all parties effected by the Trust are in agreement, and if the changes do not cause any harm to Father or his best interests, it is possible that the Trust could be operated based on the changes expressed to the attorney. Of course, there is always the possibility that a beneficiary or third party may have a valid complaint if this is done.

If any of the changes that Father wanted required changes to his Last Will and Testament, then those changes would absolutely require a writing, signed by Father with capacity and the proper witnesses, etc.

Good luck with your situation, and I hope your Father's health improves.