How a Power of Attorney Works With a Living Trust if You Have a Trust (or Want One!)

By Attorney SusAnne Lee Jenkins

If you have a living trust, the trustee controls any assets in the trust and your Power of Attorney authorizes someone to manage your non-trust property on your behalf.   In other words, a Power of Attorney only affects assets outside of the trust. 

A Financial Power of Attorney  is commonly used to place assets into the living trust if you become incapacitated. 

If your attorney did not create a power of attorney at the same time as your trust, strongly consider having all your estate planning documents reviewed by another attorney.  Not including a Power of Attorney as part of your package shows a lack of understanding about all the elements needed for a proper estate plan.

For more information about how a living trust works with a power of attorney, see "Do You Need a California Living Trust?" available on Amazon.com.