Can my brother who is POA do a living trust for mom?

Q: My brother has POA over my mom’s assets. Can he change her will and estate into a living trust without her signature or notary? He says he can. (Pittsburgh, PA)

A: Generally, the Power of Attorney documents must specifically empower the agent to create trusts, or for your brother to do so. You should have the trust instrument reviewed by an attorney. An Agent on a Power of Attorney cannot execute a will for a Principal, nor change it.

If you feel like this issue relates to you, or a problem that you are experiencing, please contact me so that we can discuss your situation.

Pelger Law is located in Munhall, Pennsylvania. We service the entire Pittsburgh region, including Homestead, West Mifflin, Jefferson Hills, Monroeville, and Squirrel Hill.