Momsitter: Short answer is no. My brother, who is an attorney in California, but can also practice law in the state of Massachusetts placed our mother's estate into a trust. She was a Massachusetts resident.
Some POAs are very individualized according to what someone wants to allow the person named to be able to do in their name. The best person to answer this question is probably the attorney who created it for your mother. If not that person, then an experienced eldercare attorney.
Beware... any attorney can read it and give you advice but not all attorneys are experienced elder care law to know about changes in local laws designed to protect/provide for seniors. You definitely do not want to pay for a trust to be created only to find out later it did not meet the standards according to recent law changes and declared invalid later.
My experience: My daddy and mama had a living trust after mama died, an amendment was set with the trust by my daddy. When my daddy was showing signs of ALZ I explained to him that I needed to take over the bills and the house and everything. He was easy to convince and I took him to the attorney and my daddy resigned as trustee, as soon as he resigned then I became POA of everything, then my living trust was set up and my daughter is now my POA to be and executor of the estate when that becomes necessary.
The life estate Deed is basically POA for her home, I also have Financial POA, she does have a will and living will. Unfortunately, her memory is failing and is not able to make sound decisions. I have tried to discuss these issues and the next day its as if we never spoke about it.
You should read your PoA document to see if you have this authority. It may also depend upon which state you live in. Creating a trust is a lot of work and can be expensive (several thousands of dollars). This is something I'd consult with an elder law attorney.
Be careful... while the link to that attorney's website can provide helpful general info, if they are not in the same state where that attorney is licensed to practice it my not be accurate info. The info on that site can give you ideas for questions to ask when you meet with your local attorney.
Hi Momsitter - it may be helpful to share more info - and I think others on this forum will be able to provide you with more complete info on this...for now, I'll just ask what a life estate deed is - do you mean that you transferred the deed of her home to your name?
Also, you said you have POA for her health - what about the financial POA? Is she capable of still making decisions and is of sound mind? If someone has dementia and unable to make decisions, I don't know about setting up a trust for her - others would be able to steer you on this or you need to consult a lawyer. Does your mother have a will?
Beware... any attorney can read it and give you advice but not all attorneys are experienced elder care law to know about changes in local laws designed to protect/provide for seniors. You definitely do not want to pay for a trust to be created only to find out later it did not meet the standards according to recent law changes and declared invalid later.
My daddy and mama had a living trust after mama died, an amendment was set with the trust by my daddy. When my daddy was showing signs of ALZ I explained to him that I needed to take over the bills and the house and everything. He was easy to convince and I took him to the attorney and my daddy resigned as trustee, as soon as he resigned then I became POA of everything, then my living trust was set up and my daughter is now my POA to be and executor of the estate when that becomes necessary.
In some cases a power of attorney allows a person to create, modify, or even revoke a trust."
Source: https://www.demirislawfirm.com/post/does-a-power-of-attorney-allow-a-person-to-create-a-trust#:~:text=In%20some%20cases%20a%20power,or%20even%20revoke%20a%20trust.
You should read your PoA document to see if you have this authority. It may also depend upon which state you live in. Creating a trust is a lot of work and can be expensive (several thousands of dollars). This is something I'd consult with an elder law attorney.
Also, you said you have POA for her health - what about the financial POA? Is she capable of still making decisions and is of sound mind? If someone has dementia and unable to make decisions, I don't know about setting up a trust for her - others would be able to steer you on this or you need to consult a lawyer. Does your mother have a will?