Legal Question in Wills and Trusts in Wyoming

duties of a power of attorney

My mother was suffering a series of strokes and could not make financial decisions. Her first stoke occured in Nov 2000 & after that date she made unwise financial decisions. One year after her first stroke, she changed the beneficiary on over $300,000 of annuities from the family living trust to a daughter. These change of beneficiary forms were all handwritten in the daughter's handwriting making the daughter beneficiary. The daughter also proceeded to password all the annuities so that only she could obtain information on the annuities. The son who had his mother's POA & after more strokes and on advise from her personal physician that Mom's financial situation should be put in order because her time was coming to an end. Approx 3 weeks before she died, the POA then had all the annuities put back into the living trust with the living trust as beneficiary. Did he have the right to do this? My personal thoughts are that mom was coerced into making my sister the beneficiary because her mind was easily swayed. The trust was established in 1993, our father passed away in 1996 & up to this time no changes had been made to the trust. Again, did the POA have the right to make the trust the beneficiary.


Asked on 3/21/04, 11:59 pm

1 Answer from Attorneys
Thomas Lubnau Lubnau Law Office, P.C.

Re: duties of a power of attorney

It depends upon the specific facts of the situation and the terms and conditions of the power of attorney. There is also a situation in which the documents may be changed as a result of duress and coercion, which also depend upon the specific facts of your case. You should contact an attorney and present that attorney with all of the information including the language of the power of attorney and your mother's medical records. Be aware that there are some very short statutes of limitations in Wyoming in this area of law, and you should not delay in getting an appointment with an attorney.

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Answered on 3/22/04, 11:17 am


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