Question: Should your trustees on your revocable trust be the same people as those named on your durable power of attorney? Do you recommend bank trust departments for powers of attorney? [...]

Question: My durable power of attorney has the phrase: “it shall not be deemed to be self-dealing on the part of my attorney-in-fact herein to make gifts, transfers or dispositions to or [...]

Question: Would successor trustee powers for financial and health management on incapacitation of primary trustee in a revocable trust obviate the need for a springing power of attorney when the [...]

Question: Can a legal guardian of an elderly parent still appoint himself as a durable power of attorney to sell a property without a court’s permission? Then withdraw the guardianship [...]

Question: My mom has a vehicle loan that’s to be paid off upon her death. She left that vehicle to me in her will. My aunt won’t let me have it. She said it’s not part of the [...]

Question: I’ve been badgering my Dad (age 62, single, with health conditions), to sign durable power of attorney and health care proxy documents for many years now. I think he finally [...]

Question: If I have a revocable trust (funded) with incapacity provisions, and pour over will in place, why would I need a power of attorney springing only in case of incapacity? Response: Good [...]

In the post Do I Need a Lawyer to Get a Durable Power of Attorney? I list the types of questions an attorney can help you answer, but let’s also answer them here: Who should you appoint? [...]

Question: I need an honest answer about how someone like me (an “elder orphan”) should structure my estate planning documents. I am totally alone in my mid-50’s—with no one to [...]

Question: Mom creates and funds a special needs trust for disabled child who’s under the age of 65. Mom plans to leave a 1/3 interest in the house to the trust. If child is over the age of [...]