Does someone need a durable power of attorney for finances if he's set up a living trust?

Page 7 of 8 Things to Know About Power of Attorney for Finances

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The trustee of a revocable living trust may have much the same authority to deal with someone's finances as the agent does in a durable power of attorney. Even if he has a living trust, however, it's still a good idea for him to execute a durable power of attorney for finances. (He could name the same person to both jobs -- trustee of the living trust and agent in the power of attorney.)

The reason it's wise to have a separate document is that not all his income and assets may wind up in the living trust; if some income or asset comes to him after he's incapacitated or wasn't placed in the trust through some oversight, the trustee would have no authority over it.

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6 months ago

Hello Anonymous, Thank you for your email. Here is an Ask & Answer page all about POA and liability over debts: ( http://www.caring.com/questions/power-of-attorney-debts ). I hope that helps. Take care -- Emily | Community Manager


Anonymous said 6 months ago

Question for you: I f you do have a power of attorney, and are paying the bills for care, and the parent runs up a huge debt without you knowing on an unknown new credit card, are you responsible?


Anonymous said 9 months ago

We are going through this right now - and the articles are very much appreciated.


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