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Can a power of attorney attach or sign my trust fund over to themselves, and what can I do to stop it?

Coos Bay, OR |

In 2009 my dad was diagnosed with altzheimers, and made my step mom power of attorney. He is to the point of being admitted into a nursing home. There is a trust fund set up for me, but my step mom told me she is going to put it into her name. I am 30 years old, and feel that the fund can be signed over to me. She mentioned using the trust fund money to make other investments. I am extremely concerned she wants to take the money and run. Is there anything I can do to prevent her from signing the fund into her name, and to get the fund back into my name.

Attorney Answers 1


  1. Once property is transferred into a trust, its disposition is governed by the trust. It would be unusual for the trust to incorporate the terms of the power of attorney. You need to review a copy of the trust agreement to see what your rights are.
    If you have good cause to think that your step mother is going to breach the terms of the trust and take off with the funds, you can go to court and get an order preventing her from doing so.

    Please be sure and mark the best answer. Thank you! hope this helps. ***************************************** LEGAL DISCLAIMER James Oberholtzer is licensed to practice law in the Commonwealth of Virginia and the States of Illinois, Oregon and Washington. He has offices in Chicago, Illinois and Portland, Oregon. His law practice focuses on business, estate planning ( Wills and Trusts), probate administration, tax,real estate and tax exempt organizations. The foregoing statements do not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your state. The law changes frequently and varies from state to state.

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