Video FAQs

Will and Trusts Law

If I become incapacitated, will I need a durable power of attorney if I already have a living trust?

Best practice says, yes, you should have the durable power of attorney in conjunction with the living trust. This is because the living trust only controls those things that are owned by the trust. We need the durable power of attorney to administer those things that are not owned by the trust.

An example of such an item might be an IRA account that’s not owned by the trust that we need to change the beneficiary on. Another example might be an automobile that never got transferred into the trust. So, yes, the durable power of attorney is needed, even if you have a trust.

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