Power of Attorney
Durable Power of Attorney
This document is similar to the Durable Special Power of Attorney, but the Trustee of the revocable living trust signs it. The purpose is to authorize another person to act for the Trustee in case the Trustee is unavailable or is temporarily disabled. This particular form gives the attorney-in-fact broad powers to act on behalf of the Trustee. It makes it unnecessary for the Trustee to resign or be replaced by the successor Trustee in times of temporary disability.
Durable Special Power Attorney
A Durable Special Power of Attorney document gives legal authority to another person to sign federal and state income tax returns and to transfer any asset into the trust if the Settlor cannot do so. The document also names an alternate individual to act if the first person is unable to or refuses. A Special Power of Attorney also nominates a Guardian (or Principal) and an alternate guardian should one become necessary. If the Principal is not able to fulfill their role, the attorney-in-fact is authorized to make certain health care decisions.