Legal Question in Wills and Trusts in California

Living trust is a asset distribution plan, created during life, for the future distributuon of assets after death of the trustor or maker of the trust, also known as the settlor of the trust. A power of attorney is created during life, giving another a directional instruction document, as to how you want the management of your financial affairs to be conducted, with specific instructions to the recipient, in the document when to use and how to use; the document authority expires (dies) on the maker's death, leaving the living trust as the operationaldocument authority, if a trust was created; the trust becomes irevocable and non-modifialble on death.

Victors answer is correct. I would note that a power or attorney can be a dangerous document, in that it allows someone else to take the actions authorized on your behalf. Be very sure you want to do that.. It is interesting to note that the truste of a living trust is not able to sign a power of attorney.

You should engage counsel to assist in these decisions. The living trust is a replacement for your will, in that it directs where assets go at death. It also directs who will manage your assets for you in the case of either death or incapacity. These are issues you should consider carefully, and make sure you understand the options available.

I would not look at this as a do it your self project. It's not like building a dog house where you can see the flaws immediately. You need capable counsel to assure you do things correctly and hold title in the proper manner. If you do not do it correctly , you are quite likely to spend much more trying to fix the problems at the time of a death or incapacity. Unfortunately , when an individual is deceased or incapacitated, it is often to late to fix the problem.