IF I HAVE A TRUST, WHY DO I ALSO NEED A POWER OF ATTORNEY? (video)

Andrew Fesler | Jun 26 2024 05:25

Even if someone has established a revocable living trust as part of their estate plan, they may still require a power of attorney for a few key reasons.

First, a power of attorney is needed for managing non-trust assets that were never properly retitled and funded into the trust. Second, it is essential for handling non-trust financial matters and making decisions during any period of incapacity. A specific power of attorney may also be required for certain legal transactions and contexts.

Finally, having a durable power of attorney in place can help avoid costly and time-consuming court interventions through conservatorship. Therefore, while a living trust is crucial, a power of attorney is also a crucial supplemental document for managing non-trust assets and personal affairs during the creator’s lifetime, especially in case of incapacity.

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