If my grandmother’s Trust specifies that my grandfather has POA if she is incapacitated, which she now is, do we need to file for an order?
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If my grandmother’s Trust specifies that my grandfather has POA if she is incapacitated, which she now is, do we need to file for an order?
Or is this provision automatically enforced?
Asked on June 19, 2014 under Estate Planning, Arizona
Answers:
Anne Brady / Law Office of Anne Brady
Answered 10 years ago | Contributor
An attorney would need to review the trust documents to make that determination. However, generally a person signs an actual POA, and then when they later become incapacitated, the person with POA already has the document to take around to banks and other places. It may be that if the provision is in the Trust it will only apply to administration of the Trust. Make an appointment for a one-hour consultation with a wills, trusts and estates attorney.
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