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.
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.
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.