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My sibling has gotten power of attorney for our ailing father, and I would like to know if this gives the sibling the power to change my father's revocable trust or create a new trust for the sibling's benifit? (california)
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It is possible if the existing trust allows the agent to amend and the power of attorney grants him the power. Much less likely that the power would give him authority to create the trust, but possible. If your father was already ill all docs and any changes to the trust may very well be set aside.
I have handled many cases involving these types of issues and one recently in which my client did amend the trust using a power of attorney. If you think that your sister has questionable intentions it might be wise to retain an attorney. A letter from an attorney putting her on notice may be enough to keep her from attempting to amend your father's trust.
Thanks,Jon
Answered on Mar 26th, 2014 at 1:18 PM