My widowed mother recently created a revocable trust. She is the trustee and my sister and I are the backup trustees. If my mother becomes incapacitated, can her appointed POA (which is my sister-the back trustee) make changes to the beneficiary list on the trust?
Maybe. Terms of POA and Trust control authority of fiduciaries.
Review terms of POA and Trust with your attorney to determine powers of agent and successor trustees.
If my answer is "BEST ANSWER" and/or "HELPFUL" please acknowledge and mark it so. I appreciate your comments and feedback. I have more than 25 years of successful legal experience with cases like yours. My response is often general in nature because all facts are unknown to me. Specific answers require knowledge of all the relevant facts of your case.
Perhaps, yes, but this would be highly unusual. An attorney would need to review the trust instrument and the power of attorney to say for certain whether this is possible.
I agree with my colleagues that an estate planning attorney would need to review the documents to determine what are the powers of the agent under the power of attorney and powers of the successor trustee under the trust instrument. As your mother recently signed her estate plan she should consider addressing these questions directly with her estate planning attorney.
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