I think what you're talking about here is a situation in which your mother has given your sister power of attorney, and you want to know if, pursuant to that POA, your sister can create a trust of which your mother is the trustor. Correct? If so, the answer is that it depends on the scope of the POA.Now I have a few questions:
1. Can the Agent (my Sister) later create a Living Trust that My Mom is the owner?
What does "okay" mean? It's okay with me. If you're asking whether the agent would have authority to make the transfers, again, it depends on the scope of the POA. Also, for what it's worth, when you started this thread a year ago, you hypothesized that your mother would die in "a few months." Seems like that hasn't happened.Before My mom die (a few months), I will gift My Mom (through the Agent) the house, then the Agent will transfer it into the Living Trust. Is this okay?
The first sentence here is not a question despite the use of a question mark. If you're asking how to make that happen, see below.After my Mom dies, the House will be passed to my other siblings (including my Sister) tax free? (Step-up). Is it okay?
What problem? If your mother isn't competent, she cannot grant power of attorney. If she makes a POA while competent and subsequently become incompetent, then the POA may terminate unless it is a durable POA.I'm not sure if My mom still be competent at the time I want to gift her the house. So using POA will resolve this problem. Am I correct?
A year ago, when you first started this thread, I and others told you in no uncertain terms: "You/your mother should consult with a local estate planning attorney." Haven't done that? If not, why not?