general power of attorney vs trustee power

[beruss]

What is the name of your state? California

Is there any way to contact an author or send questions that he might respond to in some forum if not personally.

QUESTION If you have a general unconditional durable power of attorney for someone, would this provide the same powers as a co-trustee would have even though one is not named in the living trust document and also enable a successor trustee to assume control upon incapacitation without a physician approval?

Russ Bankson

Voice 510.428.2749
Fax/VM 510.868.1944

[email protected]

 

[Dandy Don]

How many co-trustees are there, who is incapacitated and is it a revocable living trust or an irrevocable living trust?

 

[beruss]

details on question re power of attorney vs living trust

Non-spousal but long term relationship.
One partner is to have the durable power of attorney and health care power of attorney for the other partner. also executor of will and successor trustee of revocable living trust

So to repeat: Does the power of attorney preempt the powers that a
co-trustee or successor trustee would have as defined by the trust agreement?

 

[Dandy Don]

Trustee powers are stronger than a power of attorney. Please explain what your concerns are or what your reason is for asking this.