Power of Attorney (appointed, lawyer, income)

[Sandy Wybel]

My mother is the beneficiary and co-trustee of a trust. She receives interest income from the trust monthly to supplement her social security and pay for her medical expenses. The other trustee is my mother's step-daughter. She does not like my mother. My mother is now entering a time in her life where she has memory problems. She has granted me a power of attorney to manage her financial and medical needs. If she can not function as a co-trustee, does my power of attorney give me the right to act in her stead in a trustee capacity? She also has the right under the trust as Surviving Spouse, to demand that the trust convert the assets to income producing if she is not receiving enough income to live. Recently the stepdaughter decided to take a Trustee fee which will significantly reduct my mothers monthly income. The bank is not acknowledging my poa as trustee or as a representative on behalf of my mother to request more income be generated. Do I need an attorney or should I get appointed as her guardian to have more authority over these items? (She lives in Florida but the power of attorney was in existance prior to 2011, when the statutes were changed.)

[bentlebee]

I believe you have a very good question that can only be answered by a lawyer and I don't think it is smart to go by an answer from strangers online who may give you all kin of advise and you may get the correct answer or NOT and that is not helping you in a way, shape or form.

On top of that there are so many different power of attorney papers that you will need to specify which one is used.

[Restrain]

Second Go See An Attorney. An hour spent with a good family attorney will save you a lot of grief later