How can I break a trust and assign another relative?
I assigned my oldest son as POA medical and financial he proved to be dishonest. How can I void that trust and living will to my youngest son is it very expensive and how long to go into effect? Thank you.
My husband's aunt is a elderly person and her daughter has a power of attorney for her. The elderly woman wants to take off the daughter from the POA, because the daughter has done bad actions to the mother. She wants to appoint her son to the POA. How can this be done? Thank You.
Chili - what are you trying to change, a trust or change a POA?
they are very different legal structures. For a trust, that in my experience has to be done by an attorney so that it voids or changes or terminates the past trust. Trusts are actually their own legal entity; they exist on their own kinda like how a person exists. So you really need an elder law attorney to do this for you. If this is the situation, gather up all your trust paperwork and go to see a NAELA listed elder law attorney.
Now if this is just a POA, then you can probably contact your Agency on Aging to get a standardized form that works for your state. If there is a law school in your area, they too often provide for free (pro-bono) services for seniors, so look into that also to get a POA done. You do want to make sure that it is a DPOA - which means durable power of attorney and think carefully who you want to name as your new one and make sure you put their name spelled correctly in the form. It will need to be notarized & you want to do this just in case the older child challenges the validity of the new POA. Most county courthouses have a notary on site who do this for a small fee, although parking around a courthouse tends to be a total pain in the butt. WHere my mom lives, there are several UPS locations who also have a notary & their charge is pretty reasonable (like $ 15 - 20) as their main business is shipping packages. Also some banks provide notary for their customers. Good luck in all this.
I think you can just update your POA, with a new date and such if you have not been deemed mentaly incompetant. Get the forms and have them notorized . If I understand you the living will is printable on line and given to your Dr. and new POA. You may want to check further on here for more information. Good luck!
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they are very different legal structures. For a trust, that in my experience has to be done by an attorney so that it voids or changes or terminates the past trust. Trusts are actually their own legal entity; they exist on their own kinda like how a person exists. So you really need an elder law attorney to do this for you. If this is the situation, gather up all your trust paperwork and go to see a NAELA listed elder law attorney.
Now if this is just a POA, then you can probably contact your Agency on Aging to get a standardized form that works for your state. If there is a law school in your area, they too often provide for free (pro-bono) services for seniors, so look into that also to get a POA done. You do want to make sure that it is a DPOA - which means durable power of attorney and think carefully who you want to name as your new one and make sure you put their name spelled correctly in the form.
It will need to be notarized & you want to do this just in case the older child challenges the validity of the new POA. Most county courthouses have a notary on site who do this for a small fee, although parking around a courthouse tends to be a total pain in the butt. WHere my mom lives, there are several UPS locations who also have a notary & their charge is pretty reasonable (like $ 15 - 20) as their main business is shipping packages. Also some banks provide notary for their customers. Good luck in all this.
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