My mother is in a nursing home. While she is in that home my step-dad is living in my mother's home. In my mothers living trust she stated that my step-dad could live in her home for six months after her death, then he would need to move. Since that time my mother has had an amendment done to her trust stating that my step-dad could live in her home till he dies. I recently found out that my step-dad now has a prostitute living with him. My mother and also my step-dad are both 94 years old. The power of attorney over my mother's trust is telling me that my step dad can't be kicked out of my mother's home because of "that amendment". My thinking is this: The amendment is for what is to happen "after my mothers death." So, that being the case why couldn't the power of attorney kick my step dad out of the home and sell the home? The power of attorney does have the authority to sell the home. Any info will be appreciated.
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So, it may first be necessary to determine if the proxy has the "removal" authority under the POA (or DPOA).
I echo Glad's query: how was it determined the boarder is a prostitute? Is she entertaining "clients" at the home?
If the individual who's acting as POA is NOT named as a Co-Trustee, she has no authority to act under the Trust, now or after death.
You really need to have a legal interpretation, by someone who can advise whether the amendment (often called a "Restatement") addresses the issue of the unwanted boarder.
Some things can be clarified on a forum, but you absolutely need the attorney who handled the Trust and Restatement to opine on this situation, especially since it seems that the proxy (under the POA) is making his/her own interpretations.
Play it safe; contact the attorney.
I think you need a lawyer. I am not familiar with Trusts.
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Prostitute? Really? Are you sure the tongues are not just wagging?
A previous question from you a suggestion was:
"Reading your prior posts, you might want to see if you can watch a TV miniseries called Bleak House. Or read the book of the same name.
You can ruin your life worrying about or counting on an inheritance that may never happen."