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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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Wow, Gardenartist, you know your stuff! I am always impressed by your knowledge and answers! I learn from you all over this orum!
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Since you and your brother can act together without your father's participation, a bank would not need to see anything except picture ID for you and your brother, as well as the trust. It would likely want to retain a copy of the trust.

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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The trust was my moms and she is deceased and me and my Brother are cotrustees along with my dad being a cotrustee The wording is that me and my brother can act together And apart from my dad
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Try to open the account at another institution. Don't say you've had a problem. Take the trust ducument with you and see what they need.

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.
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The Trust document needs to be presented to the bank staff who is authorized to set up new accounts. They will examine the Trust to determine if your financial authority takes effect during or after his life. If it's during his life (like now) it may very well require he initiate the process. If during his life, there may also be health or other criteria as to when a Trustee's authority starts.
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