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I am named Financial POA in grandpa's living trust when he becomes unable to make decisions he has decided to turn it over now, while still capable how do we do that please?
I think I misunderstood your question until I read GardenArtists reply. She is absolutely correct in saying POA and dealing with a trust are two separate issues. Only a named Trustee can deal with a trust - a seperate POA has no authority there. Grandpa may or may not be the trustee - I am trustee for my sons trust. If grandpa is the trustee your POA for grandpa still does not matter. If grandpa is unable or unwilling to deal with his trust - if he is indeed the trustee - you will need to see a lawyer to have a different trustee named.
You just do it. If it's a matter of opening accounts with yours and grandpas name - take the POA papers and preferably grandpa into the bank. It makes check writing easier with both names on the checks with "POA" printed next to yours. I just started in - doing things but I always had a copy of the POA on me. If grandpa is still competent he needs to be in agreement with everything you do on his behalf - if you take action on something and he challenges it you could find yourself in trouble legally.
thanks you. so there is no form to change the original decree? I am already a signature on his checking account. will get name on checks. always intend to honor his wishes, even when he cant tell me anymore :D
we intend to either rent out his house or sell it can I just "do" that? seems it would need written permission from him to act in those capacities. also, we need to actually turn over control of the trust so it appears he has no access to the assets. not going to say why.
Yes, you can just do it - seems weird at first. I don't think this changes from state to state but at least in Oregon there is no form to activate things. I don't know anything on how to handle the trust - there are so mNy different types of trusts and I suspose trustees would be involved. I would caution you on trying to make things "appear" different then they really are for any reason. Things like that always have a way of coming out - and especially if you are dealing with the hovetnment - they know every trick in the book and they will find out - not only could you lose your POA standing you could wind up facing charges.
Sheryl, some things you wrote don't make sense in the manner in which these authorities are typically created.
A Living Trust identifies a Trustee who handles financial, legal and other matters after the maker of the trust dies. Typically the maker is the Trustee, and Successor Trustee(s) are named to act after his death.
A Durable Power of Attorney is a separate document, identifying individual(s) who can act either with a declaration of mental inability of the maker, or can act absent such a declaration. The appointed individuals act while the maker is still alive.
I've never heard of bridging the authority by creating a power of attorney in a trust, especially since the trust has its own creation mechanisms.
What troubles me though is your statement that
"also, we need to actually turn over control of the trust so it appears he has no access to the assets. not going to say why."
You're walking on thin ice here. If your father created the trust, he's the settlor and has control over it, as well as any changes or disposition of any assets.
You have no control over the Trust.
If you feel he's not being prudent in managing his financial assets, then you act under the DPOA, NOT the Living Trust. Even if you are named as Successor Trustee to act on his death, you can't act under the Trust while he's living.
As POA you are usually able to make decisions for your Grandfather on his behalf . On some occasions (depending on the document) a bank will want to see papers declaring the person incompetent. Don't panic. That is not always the case. Take grandpa to the bank so that they clearly understand his wishes and let the POA stand. I would strongly advise not selling or renting property without your grandfathers knowledge or participation if he is competent. There are laws that state that a persons property, etc. needs to be in someone elses name for XX number of years so it is no longer considered an asset should he need to be placed in a nursing home. Each state may have how long prior that is but a tleast 3 years for it to no longer be considered his asset. He needs to take care of the trust is he is still capable. A trust attorney would advise you best. It is an expense that will save you a lot of headache and cash in the end. Be above board. There is nothing wrong with him putting you on the deed to the house now. It is done all the time to lower assets. Get legal advice.
shertlmc, it is totally illegal to use your POA to transfer assets to yourself. PLEASE see the attorney who drew up the trust for grandpa and get solid legal advice.
Since it sounds like everything is coopertive, maybe some assets (ie house, major bank account) could be accessible only with your counter-signature. I dont' know how to deal with the scenario where a nursing home tries to force the elderly per
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
I just started in - doing things but I always had a copy of the POA on me. If grandpa is still competent he needs to be in agreement with everything you do on his behalf - if you take action on something and he challenges it you could find yourself in trouble legally.
I don't know anything on how to handle the trust - there are so mNy different types of trusts and I suspose trustees would be involved. I would caution you on trying to make things "appear" different then they really are for any reason. Things like that always have a way of coming out - and especially if you are dealing with the hovetnment - they know every trick in the book and they will find out - not only could you lose your POA standing you could wind up facing charges.
A Living Trust identifies a Trustee who handles financial, legal and other matters after the maker of the trust dies. Typically the maker is the Trustee, and Successor Trustee(s) are named to act after his death.
A Durable Power of Attorney is a separate document, identifying individual(s) who can act either with a declaration of mental inability of the maker, or can act absent such a declaration. The appointed individuals act while the maker is still alive.
I've never heard of bridging the authority by creating a power of attorney in a trust, especially since the trust has its own creation mechanisms.
What troubles me though is your statement that
"also, we need to actually turn over control of the trust so it appears he has no access to the assets. not going to say why."
You're walking on thin ice here. If your father created the trust, he's the settlor and has control over it, as well as any changes or disposition of any assets.
You have no control over the Trust.
If you feel he's not being prudent in managing his financial assets, then you act under the DPOA, NOT the Living Trust. Even if you are named as Successor Trustee to act on his death, you can't act under the Trust while he's living.
I would strongly advise not selling or renting property without your grandfathers knowledge or participation if he is competent. There are laws that state that a persons property, etc. needs to be in someone elses name for XX number of years so it is no longer considered an asset should he need to be placed in a nursing home. Each state may have how long prior that is but a tleast 3 years for it to no longer be considered his asset. He needs to take care of the trust is he is still capable. A trust attorney would advise you best. It is an expense that will save you a lot of headache and cash in the end. Be above board. There is nothing wrong with him putting you on the deed to the house now. It is done all the time to lower assets. Get legal advice.
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