Trust says I can open an account in the trust. My dad is physically un able to sign because of a stroke. I have POA over my dad can I sign to verify him being a trustee. The trust allows me to open the account with out his permission. But the credit union says the NCUA rules say they have to verify him as a trustee. That rule is preventing me from doing my trustee duties.
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More than likely the trust established your mother as the maker of it (known as a Settlor), with you and your brother granted authority to act together as co-trustees but independently of your father, also a co-trustee.
If your father was named as a co-settlor with your mother, he still would have primary authority to act and you and your brother as co-trustees likely would not have authority until his death. However, it would depend specifically on the wording of the trust.
If your father is not named as co-settlor, authority would vest in the co-trustees.
Makes sense, right?? It can be confusing.
If the attorney prepared what's described as a Certificate of Trust Existence and Authority, it should contain the same appointment language of Co-Trustees. It's intended to substitute for the entire Trust, which not only is a long document but likely contains information on bequests which are none of the bank's business.
I've found that many banks just don't understand trusts.
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If no institution will open it in the name of the trust, open it in your own name, keep everything separate, and keep careful records.