Can I have my attorney in fact modify my Orange County trust under my power of attorney? A power of attorney is a commonly used estate planning instrument that grants another individual the ability to act as your attorney in fact. This allows your attorney in fact access to and the ability to manage your financial and legal affairs. According to the California Probate Code, an attorney in fact does not have the power to modify or revoke your Orange County trust unless that power is specifically granted in the trust instrument.
If you are considering a modification to your trust and want it to be handled by your attorney in fact, take the following actions:
- Contact an experienced Orange County trust lawyer who can review the terms of the trust to specifically determine whether the power is granted.
- Obtain a copy of the trust and all amendments for your lawyer to review.
- Obtain a copy of the signed power of attorney for your attorney to use in providing his or her recommendation.
Can I have my attorney in fact modify my Orange County trust under my power of attorney? Keeping your estate plan up to date by modifying your Orange County trust is very important. Without these updates, your trust may not accomplish the legacy goals that you have for your estate. Using an attorney in fact to update or revoke a living trust in California requires the knowledge of a seasoned professional. Fortunately, our office is here to help. For more information about modifying a trust through your attorney in fact or otherwise, contact an experienced Orange County trust attorney at the Law Office of James F. Roberts & Associates, APC, today. Call our office at (714) 282-7488 for a consultation.