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joseph12 Asked January 2017

What is the difference between the trustee of a living trust and the agent with DPOA?

Is it necessary or advisable for someone to have both?

pamstegma Jan 2017
Your DPOA allows you to act on behalf of a person.
The Trust usually names a successor when a trustee is disabled.
Read the documents or sit down with an attorney who can explain the process.

Stressed52 Jan 2017
I have/had both. I was a successor Trustee along with my two sisters. I went for DPOA because I was solely taking care of Mom, paying bills, go to doctor's etc. I knew what needed to be done, what Mom wanted, and did it all. Mom was giving money away to every telemarketer who called and he memory was getting a bit worse so I needed to take over and being DPOA allowed me to do so. I also made all health care decisions for her.

Okay this is what my Moms trust says, As a Trustor you created the trust and transferred assets into the trust....As the Original Trustee you are managing the assets. The Durable Power of Attorney for asset managment is a document which allows you to designate certain individuals to administer and manage your personal assets ( assets left out of the trust) in the event that you become disabled or incapacitated. DPOA for Healthcare If you become incapable of giving informed conset to health care decisions, this document allows you to grant an agent (usually a family member) full power and authority to make those decisions for you.

DPOA has to be given to you and the person giving it to you cannot already be deep into dementia, so ask for it early.

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