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Which controls movement of assets, a husband's Durable Power of Attorney for his wife, or the trustee of his wife's separate property trust?

1 Answers. Asked on Apr 05th, 2017 on Trusts and Estates - California
More details to this question:
The descriptions of financial authority for the Power of Attorney and Trustee both sound identical. My mother put her separate property from her first marriage into a Children's trust to manage her care when she couldn't, knowing that her second husband might not use those funds for her. The trustee(her son) was given power to determine all health care decisions and pay all expenses from the trust for her care which has occurred for 4 years since she became mentally incapacitated. The husband has recently diverted her separate social security and retirement funds going into the trust(with mere phone calls) recently to his own personal accounts citing his Durable POA and the fact that he is her husband. He pays none of her care or medical expenses. He and his attorney are now suing the trustee for not paying employment taxes the past four years. Husband has been issuing the 1099's and deducting expenses on his/her joint return. Any suggestions?
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Answered on Apr 12th, 2017 at 10:49 AM

You may have already gathered that this is a complex issue.  The characterization of separate or community property sounds simple, but is full of exceptions and can change with the circumstances.  

The trustee only has power over the assets of the trust.  The trustee may not have power over funds not in the trust or over community property funds.

The very best thing that you can do is to contact an attorney for a full consultation.

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