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Tina, Lawyer
Category: Real Estate Law
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Experience:  17 years of legal experience including real estate law.
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Richard...I thought we were still chatting...Does an RT

Customer Question

Richard...I thought we were still chatting...Does an RT (revokable trust) have a provision for a power of attorney?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Richard replied 2 years ago.
I thought so too. I addressed this in the other thread. I have re-posted my response below. :) The trustee would have the authority over the trust assets under the trust agreement. You would generally be the trustee while alive and competent, but upon your death or incompetency, the trust agreement would provide for a successor trustee. A power of attorney would not be relevant with regard to the trust assets; rather, a Durable General POA would be applicable to non-trust assets and your other financial decisions and a Durable Medical POA would be appropriate for your medical decisions.