Summary
Co-trustees generally must agree on changes to a trust, but the terms of the trust may allow one trustee to act independently. As a Power of Attorney (POA), you can make decisions on behalf of the person who appointed you, depending on the type of POA and its terms. Transferring property without consent could be a breach of fiduciary duty. The lawyer who drafted the will isnt required to approve changes; the testator must approve. For healthcare decisions, you can place someone in a facility if necessary for their health, but consider their wishes. Guardianship may be needed if mental health deteriorates. As a Financial POA, you can manage financial matters but must act in the best interest of the person who appointed you.Full Conversation
My mom has listed me as POA of her estate. She is co trustee with my uncle. Can she make changes to the wills without my uncle?
Hi ****! Generally, co-trustees must agree on changes. However, it depends on the terms of the trust. Could you let me know in which jurisdiction this trust is set up?
NY
In New York:
- Co-trustees generally must agree on changes.
- However, terms of the trust may allow one trustee to act independently.
- It's crucial to review the trust document.
Consult with a trust attorney for specific advice.
Can I simply make decisions for her without her approval? She is becoming difficult to deal with regarding getting proper care.
As her Power of Attorney (POA), you can make decisions on her behalf, but this depends on the type of POA and its terms. In New York:
- A Healthcare POA allows you to make medical decisions.
- A Financial POA gives you control over finances.
You should consult with an attorney to understand the extent of your authority.
Can I place the house in my name without her knowing?
As a Power of Attorney, you are obligated to act in the best interest of the individual who appointed you. In New York, transferring property without consent could be considered a breach of fiduciary duty. It's best to consult with an attorney to avoid potential legal issues.
Does the lawyer who drew up the will need to approve?
In New York:
- The lawyer who drafted the will isn't required to approve changes.
- The testator (person whose will it is) must approve.
- Changes must comply with NY testamentary laws.
Seek legal advice for details.
Regarding healthcare, can I place her in a facility?
As a healthcare POA in New York:
- You can decide on her placement if it's necessary for her health.
- Always consider her wishes and best interests.
- Consult an attorney for further advice.
Against her wishes due to poor mental health
If her mental health is deteriorating, and you believe she can't make decisions for herself, you may need to consider guardianship. In New York:
- Guardianship offers more authority than POA.
- It requires court approval.
- It's generally a last resort.
Consult with an attorney for more information.
Can I move money as poa
As a Financial Power of Attorney (POA) in New York:
- You can manage financial matters, including moving money.
- However, you must act in the best interest of the person who appointed you.
- Improper use of funds can lead to legal consequences.
Consult an attorney for specific guidance.
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