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Ely
Ely, Counselor at Law
Category: Estate Law
Satisfied Customers: 87555
Experience:  Fully licensed attorney in Texas in private practice.
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Am I allowed access to trust documents in CA if I have a durable

Resolved Question:

Am I allowed access to trust documents in CA if I have a durable power of attorney drafted in Mississippi?
Submitted: 12 months ago.
Category: Estate Law
Expert:  Ely replied 12 months ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

Can you please give me the actual verbiage from the Power of Attorney that is relevant to this matter?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 12 months ago.

I specifically authorize and empower my agent to:


 


#13 (this is the specific language related to trusts)


 


Exercise in my behalf any right or amendment or revocation of any trust or other instrument and to execute and deliver all documents required to evidence same as well as the right to create a trust on my behalf (for example, a revocable trust) and to fund or complete the funding of any such trust created or previously executed by me on my behalf.

Expert:  Ely replied 12 months ago.
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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Ely, Counselor at Law
Category: Estate Law
Satisfied Customers: 87555
Experience: Fully licensed attorney in Texas in private practice.
Ely and 3 other Estate Law Specialists are ready to help you
Customer: replied 12 months ago.

Thank you Ely!

Expert:  Ely replied 12 months ago.
You are welcome!

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