Q: What rights does a lawyer for an attorney-in-fact DPA for finances as agent for the Trust beneficiary/principle have?
A beneficiary's DPA's lawyer is asking questions/contesting about the administration of a Trust for which I am the Successor Trustee. Does the DPA or his lawyer have rights to intervene in the Trust Administration on behalf of the beneficiary?
A: If the DPA permits it, then yes, the DPA can make reasonable inquiries of the trustee about the trust administration. Get a copy of the DPA and read it. Look for name of principal, name of agent, effective date (some are only effective upon the incapacity of the principal, and the powers language. You may also request an affidavit from the agent stating the DPA is in full force and effect, has not been revoked, and the principal is still alive. If you want, you can also confirm the agent’s powers with the principal. But also understand that arbitrary refusal to accept the DPA can expose you to personal liability if the agent needs to go to court to enforce it, and you may have to pay attorney fees for the agent. And refusal might also lead to your removal as trustee.
Nina Whitehurst agrees with this answer
A: Most likely yes, but it will depend on the language in your particular Durable Power of Attorney. Each power of attorney contains different language, so we would have to guess what yours says in order to answer your question specifically. If you are concerned about whether you are administering the trust properly and giving the legally-required notices, then you may want to hire a lawyer to assist you.
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