Caring for my 89 yo mother who broke her neck and had a severe concussion three years ago. I believe she has beginning dementia as a result of the concussion. After eight months of healing and therapy I brought her from Ohio to live with me in California as she needed help with all ADL's. I am the only surviving child.
I have worked over the years to become her advocate in healthcare, Social Security and Medicare. The last thing is her bank account, which is a part of the Living Trust she created many years ago.
I am designated as the Executrix, and have POA for medical and financial. I sent a copy of the POA for financial to the bank so I can handle the account for her, as she is not able to do so any longer.
The bank manager called me to let me know that, because the account is part of the Trust, the financial POA is not sufficient and I need to have an addendum drawn up by an attorney, that would give me access to the account.
I had to retire to take care of mom and our finances are limited to our Social Security and very small pensions. Therefore, I am unable to afford an attorney at this time, as we are already struggling financially.
Any suggestions would be welcome!!
You may be the POA, but that does not make you the trustee of the living trust. Who is the trustee of the living trust? If it is still your mom, then does the trust say who will be the successor trustee? If the successor trustee is you, then you need to have an attorney draft a short resignation of trustee that your mother signs and you have notarized and states that you are immediately the trustee because you were the stated successor trustee.
But that's Florida law. All I know about.
If you find the right state form, you should be able to go to your bank, or even the local UPS store which where I live always has a notary there, and get it notarized. Only issue is that your mother has to be present to have it notarized.