QUESTION

Does a living trust dated 2016 override a durable POA dated in 2015?

Asked on Apr 03rd, 2019 on Guardianship and Conservatorship - California
More details to this question:
Mother's 83 yrs old with alzhiemer. And has 3 daughters, who we are trying to see if we can get conservatorship.
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1 ANSWER

Wills Attorney serving Austin, TX
2 Awards
Yes --but only for those items which are in the trust.  If everything is in the trust or governed by a DPOA, you should only need conservatorship if there is no successor trustee or DPOA agent -- or if one of them is robbing your mother.  You might want to consult a local elder law attorney using the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org)
Answered on Apr 04th, 2019 at 5:16 AM

This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.

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