Thank you, friend.
Under CA law, a beneficiary of a trust has the right to examine the trust document by request in writing to the trustee.
The language in the POA
clearly gives the holder of the POA this right as well - "Exercise in my behalf any right or amendment or revocation of any trust or other instrument..."
The issue here is that the trustee refuses to recognize the POA's authority, and here is where we get into a sticky issue. A third party does not have to
recognize a POA's authority. While it normally does and there are no issues, a third party does not have to. There have been cases of schools refusing to take POAs from aunts/uncles when it comes to registering children for classes via POA filled out by the parents, for example. A POA has to be accepted
. While 95% of the time this is not an issue, this matter seems to fall into the 5% where it is.
So technically, the trustee should provide the documents for you. However, they are not. Someone in your situation can send a letter threatening
to take this matter to Court, but the attorney's partner may not be intimidated. If so, then I am afraid one's only other means is to seek a Judge's order.
Also, the fact that the POA was created in Mississippi does not matter - the states recognize each others' POAs via the full faith and credit clause, Article IV, Section 1 of the United States Constitution.
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