The Durable Power of Attorney and
the Trust "Speak" to Each Other
I. Language from Durable Power of Attorney allows authority to gift:
1.13. Government Benefits. I give my attorneys in fact all of the powers listed below in this paragraph. All powers described in this paragraph are exercisable equally with respect to benefits from social security, medicare, medicaid, or other governmental programs, or civil or military service, existing when this Power is executed or accruing thereafter, whether existing or accruing in this state or elsewhere.
(a) Execution of Vouchers. Execute vouchers in my name ....
(b) Possession of Property. Take possession and order the ....
(c) Benefits. Prepare, file, and prosecute ....
(d) Actions. Prosecute, defend, submit to ....
(e) Receipt of Proceeds. Receive the financial proceeds of ....
(f) Transmute Property. I give my special attorney in fact the power to ....
(g) Medi-Cal Planning. I give my attorney in fact the power to ....
(h), (i), (j), (k), (l), (m) ....
II. Language from Trust allows gifting:
The trustee shall accede to requests from the Settlor's attorney in fact that the trustee transfers assets to the attorney in fact for the purpose of making gifts.
(Not to be relied upon in lieu of personalized legal advice)
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