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

Asked almost 2 years ago - 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. James Oberholtzer


    Contributor Level 14


    Lawyers agree

    Answered . 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. ***************************************... more

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