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Durable POA vs. Trustee

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ndhlp

Junior Member
What is the name of your state? Wisconsin

What differences are their in power of attorney versus trustee of revocable living trust. I am durable power of attorney for my mom and my sibling and I are co-trustees to her revocable living trust. Mom is now going into a home due to her medical condition and I will be activating her POA but my sibling thinks that it is pretty much worthless if we are both listed to manage trust. Is their any difference?What is the name of your state?What is the name of your state?
 


BlondiePB

Senior Member
ndhlp said:
What is the name of your state? Wisconsin

What differences are their in power of attorney versus trustee of revocable living trust. I am durable power of attorney for my mom and my sibling and I are co-trustees to her revocable living trust. Mom is now going into a home due to her medical condition and I will be activating her POA but my sibling thinks that it is pretty much worthless if we are both listed to manage trust. Is their any difference?What is the name of your state?What is the name of your state?
Unless the POA is "of the trust" you cannot use the POA to manage any assests that are in trust. Both trustees have to sign for all assests in the trust. You will need to use the POA for things outside the trust such, as medical decisions, if that is granted in the POA document. If you do not know how to sign documents correctly, you can make yourself the guarantor of the home's contract. I suggest you see an Elder Law attorney to explain a lot thngs to you that you, obviously, do not understand.
 

seniorjudge

Senior Member
ndhlp said:
What is the name of your state? Wisconsin

What differences are their in power of attorney versus trustee of revocable living trust. I am durable power of attorney for my mom and my sibling and I are co-trustees to her revocable living trust. Mom is now going into a home due to her medical condition and I will be activating her POA but my sibling thinks that it is pretty much worthless if we are both listed to manage trust. Is their any difference?What is the name of your state?What is the name of your state?
When ma goes, so does the POA but the trustees' powers will continue.
 

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