How do I sign a Living Trust when using a POA?

Lexi, Chatbot

I understand that navigating the legalities of creating a trust for your mother can be challenging. Have you already discussed the specifics of the trust with an attorney or legal professional?

Lexi, Chatbot

Are there any particular provisions or details in the trust that you are concerned about or need assistance with?

Lexi, Chatbot

Is there anything else the Estate Lawyer should know before I connect you? Rest assured they’ll be able to help with your signature concerns.

Jon

Hello and thank you for reaching out! I’m Jon, a licensed attorney with over 13 years of experience, and I’m here to help.

I know legal matters can feel overwhelming, but you're in good hands. I’ll do my best to make things clear and provide you with the guidance you need. Let’s work together to find the right solution for your situation.

Jon

You want to know which of those is the proper way to sign it for her?

Jon

Understood! I think I have all the information I need, but is there anything else you'd like to add before I get started on your answer? If not, I'll start working on a response for you right away.

Jon

Got it! I just need a few minutes to finish typing out a complete response for you. It won’t take long—around 4 or 5 minutes—as I want to make sure I provide you with a thorough and thoughtful reply.

Jon

This is a great question. When you're signing legal documents for someone else, especially a document as significant as a living trust, it's crucial to get the details right to ensure everything is legally sound.

The way you're currently signing documents for your mother—"Your Name, agent, for Her Name, principal" or "Her Name, by Your Name, Agent"—is generally the correct way to show you're acting in a representative capacity and not as an individual.

This method is designed to prevent any confusion about who is legally bound by the document. However, creating a living trust on behalf of someone else, even with explicit authority in a power of attorney (POA), is a complex legal matter.

Jon

The key is that the trust must clearly reflect that your mother is the one creating the trust (the grantor) and that you are signing on her behalf as her agent. The specific wording in the trust document and on the signature lines needs to be precise to ensure its validity.

A generic form from eForms may not be tailored to meet Alabama's specific legal requirements for trusts, which can lead to problems down the road. For example, Alabama law may have specific rules about witnesses, notarization, or the wording required for a trust to be valid.

Jon

Given your mother's residence in Alabama, I cannot provide legal advice, and you should consult with a qualified attorney to ensure a valid trust. However, regarding your question about signing as your mother's agent on a Revocable Living Trust, the key is the specific language in the form you're using. While signing as "Your Name, Agent, for Her Name, Principal" is the correct way to show you are acting in a representative capacity, the form's language about the grantor being of sound mind presents a direct conflict.

Since you are signing because your mother lacks the capacity to do so, you cannot truthfully affirm this statement, and doing so could potentially invalidate the trust. An Alabama attorney could draft a trust document specifically tailored to your mother's situation, accurately reflecting her incapacitation while still ensuring the trust is legally sound and enforceable. The issue here is not just the signature, but the entire document's wording in light of the circumstances.

Jon

Great! I do hope the information I provided was helpful and addressed your question. If there's anything else you need, please don't hesitate to reach out—I’m always happy to assist. Wishing you a fantastic day ahead!