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I am an 86 year old living alone with no family. I don't know anyone I can trust to be my power of attorney for financial. I reside at home in Chicago, Illinois.
I always thought when I go to my attorney to make a revocable living trust he would automatically be also the power of attorney for financial.
Yesterday, my doctor told me that's not possible, now I am confused.
My question is won't my attorney who makes up my trust for me, just by virtue of his making out my trust, doesn't POA go with making out a trust?
Isn't my attorney who is my trust maker always an essential part of the trust?
Is he allowed to be my POA financial according to my state laws regarding this matter?
Do I have to ask him to be my power of attorney for financial or is it common knowledge among all lawyers?

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Hello everybody and thank you all for your excellent advice
For some reason , I always thought that the one who makes out the trust ( my attorney) always is automatically also my POA financial as a part of every trust . Looks like I was wrong about that and it's not necessarily true
So ok , after thinking about it I do have someone in mind to be my POA financial, I guess it's my Rabbi who I consider trustworthy and a friend , I asked him and he said he would do it !
I don't have dementia , I just want to and plan in advance to cover all my bases so to speak so he would be out of the picture while I am healthy both physically and mentally or when I pass away he would only step in in case of dementia or stroke .
Thank You all for taking the time to help me
I appreciate it very much
Helpful Answer (8)
Reply to zalmanitzka
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I'm surprised at the doctor's advice.   I have vague recollections of attorneys serving as Personal Reps, executors/executrix, and proxies under POA/DPOAs.   

That's probably what I'll have to do, although I haven't raised it with my attorney yet.

It isn't inferred that anyone will play a specific role unless it's specified in the trust.  So, no, there's no inference that your attorney would play a role other than as attorney, but that doesn't exclude playing the role if you request it and the attorney is willing.   

If he/she isn't, there may be others in the firm who would have the time and interest.   

I couldn't speak to state laws or common knowledge, not could anyone here unless he/she is a practicing attorney.    The state law question would require extensive research, and "common knowledge" would be impossible to discover given the millions of attorneys.

The best way to find out is to call you attorney and ask her or him.  

I hope you get this resolved so it doesn't continue to be an unanswered question.
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Reply to GardenArtist
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I am also in Chicago area so familiar with illinois. I don’t know why your doctor would comment that your attorney could not be your POA. If you have dementia and are determined not to be competent, then you would not be competent to name a POA. But you certainly don’t sound that way from reading your post. Talk to your attorney about this. Let your doctor to do doctoring. Not lawyering.
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Reply to dogparkmomma
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My attorney that restated our trust is our DPOA.

I would talk to your attorney, he will know more about this than the doctor.
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Reply to Isthisrealyreal
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There are 2 types of POA, financial and for health care decisions. Perhaps this doctor was thinking about the health care POA, but don't think he should be giving advice on either. I would check back with your attorney on this. If he is unable to help, perhaps and elder law attorney can. I wish you the best of luck on this matter as someday I am very likely to be in this position also.
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Reply to Katie22
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Ask him! Assume nothing.
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Reply to Compassionate5
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Creating a revocable living trust and creating a financial power of attorney might be done by the same lawyer, but that doesn't by itself give the lawyer any decision-making power for the client or cause the lawyer to either be the trustee or to be the agent under the financial POA.

You do need to ask the lawyer if he is willing to be the financial POA agent. He has no obligation to be the agent.
Helpful Answer (2)
Reply to Rosered6
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You can also appoint a financial fiduciary, who is licensed to do this. Often a bank you have a relationship with will do this if your bills are few and simple to handle. There will of course be fees involved. This is not a simple and easy task in all cases.
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Reply to AlvaDeer
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You can ask the lawyer if he can be Financial POA that should not be a problem.
You probably do not want him to be Health Care POA as decision may need to be made quickly and trying to get hold of a lawyer can be tricky.
Is there a friend with whom you have had discussion with that you could ask to be Health Care POA?
Do you go to a Senior Center? Is there a Social Worker there that you can discuss this with and they may have suggestions for you.
There is a Not for Profit group that might also be able to help with these questions, contact Elderwerks 855-462-0100 or at elderwerks.org Great organization they have all sorts of ways to help out. (they are located in the Chicago area as well)
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Reply to Grandma1954
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Glad to hear your rabbi is willing to be your financial POA. I would suggest also having a secondary POA who you choose and name in the document. Of course person #2 would have to agree to it. That way, if the rabbi becomes unable to be your POA (e.g., he moves to another congregation or decides for some other he can no longer be your POA) you will have someone else already chosen and lined up. G_d forbid you become incapacitated and rabbi is no longer there, you'd want someone else who can step in. For us, my husband and I are each POA (financial and medical) for the other but we've also each named a daughter as secondary.
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Reply to newbiewife
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