Recent probate and fiduciary litigation revealed power of attorney does not provide authority to create a trust on behalf of the elder, adding caregiver to bank accounts insufficient to establish donative intent, and importance of signature cards for joint accounts.
Power of Attorney Did Not Provide Authority to Create a Trust on Behalf of the Elder Who Granted the Power of Attorney - Barbetti v. Stempniewicz, 490 Mass. 98 (Sup..
This isn’t really a trick question, though it can seem that way - how do you create a trust? In Massachusetts, you can create a trust by transferring your assets to someone else as.
A defendant acting under a power of attorney lacked the authority to create a trust, the Supreme Judicial Court has found. The case arose out of a familial dispute over assets left by Lubov Stempniewicz. The plaintiffs brought suit against their uncle, defendant Edward Stempniewicz, to determine the validity of the Living Trust of Lubov