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Someone, either the writer or the sister, doesn't understand Power of Attorney vs Executor.

That said, neither a PoA nor a will/trust can be altered after a person is mentally incompetent to legally sign it. As has been said by others, an attorney who is doing this work is in violation of their law license.

That said, I have to wonder if the writer really understands the terminology and legality. It may be that "POA" was used as a term between siblings without any signed document. It may also be that the mother is now incompetent and needs a conservatorship. THAT would be a legal area in which the sibling's attorney can work.

Step 1: ensure you know the language and law.

Step 2: pull out the legal paperwork that your mom has signed, and the medical diagnoses your mom has which indicates her mental competence.

Step 3 and 4: Contact your siblings attorney to notify them of your documentation and give them your attorney's name and contact information.

Step 5: draft your extemporaneous notes and have no further contact with your sibling on this topic.
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POAs have nothing to do with trusts, so your sister is blowing smoke on that one.

As others have said, get your own attorney, and if you can find out who your sister is using, you can contact him to let him know your mother has been diagnosed with cognitive impairment and is not competent to make legal decisions. He can sit with that and decide if his law license is worth the fee he'll get for setting up a trust that isn't valid.
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I would contact and attorney well versed in elder-law. I'm pretty sure your sister is taking advantage of a person who can no longer make her own decisions.

This is sad, to have families torn apart by stuff like this--yet it goes on all the time. It seems that talking to mom is out of the question--right?

You best arm yourself with a lawyer.

A person cannot take POA away from someone and they can't make themselves POA. Only the 'intended' party. And if she's not able to make decisions--your sister's attorney is complicit in fraud. Perhaps they don't KNOW that mom isn't able to make her own decisions.

We DO have 2 poa's serving together. One YB is Medical and the other is financial. They work together, I guess. (I'm just a girl and you know how stupid we girls are.)
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Borderline nothin'! This is straight up financial abuse of a vulnerable senior and it is criminal for an attorney to create a trust when they know the trustor is not capable of understanding what is happening.

I would file a complaint with the BAR association against this attorney. They need to be stopped from exploiting a vulnerable senior in the name of friendship.

I would schedule some free consultations with attorneys and find out how to protect your mom. Start with a CELA and ask them if this is in their realm of practice, if not, ask for referrals and what type of attorney you need.

Your sister CAN NOT remove you from POA. Only you or mom can change that fact.
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Trusts do not have a POA. And only a grantor (your Mom) can create a trust unless your POA document stipulates that a Trust can be created. Trusts are managed by a Trustee.
Because it is unclear what is going on here, I would hesitate to give any advice other than to see an attorney now for yourself, to comb out how things ARE NOW, and how they might change.
It is unusual, whether POA or Trustee, to have TWO Serving equally at once. Usually it is one serving, and the other the "second" in case needed.
You need an attorney to iron out what is happening now, and what powers the sibling has. Take all current documents with you.
Mom cannot sign Trust documents if she is incompetent. A competent attorney creating a Trust for her will want to see and examine her verbally.
If she is competent she can sign anything she wishes to, whether another suggests it or not.
See an attorney.
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If your mom is not cognizant she can not make any changes. And she can not sign any documents.
I would consult an Elder Care Attorney. Possibly the attorney that was seen for the first documents. Or get another.
I am sure there will be a couple other members that will respond with much more detailed responses.
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You need legal advice from a certified elder law attorney because rules about trusts and PoA and competence can differ by state AND no one on this site is an attorney.

From my own persona knowledge and experience, one PoA cannot remove another PoA without the principle (in this case, your mom) being competent and driving the decision. "Competent" is a sticky term, because a person can have a fair amount of memory loss and still be assessed as competent. It is about comprehension and not retention.

If the family friend attorney is knowingly helping to create a trust for someone who has a medical diagnosis of dementia they could be dis-barred. This is why you need your own attorney, if your understanding of the situation is accurate. And, one individual (your sister) cannot create a trust for someone else (your mom) with her assets and resources. My husband and I have a trust and it can be complicated. If we don't have medical diagnosis of incapacity, then the attorney can do their own assessment for comprehension.

Do you know for a fact that your mother has a medical diagnosis of dementia? If she doesn't but her cognition is as bad as you say, then hire an attorney.
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Hannah16 Jul 2022
Thank you for your reply. My mother was diagnosed with mild to medium cognitive impairment when she was with me. This diagnosis was more than two years ago now. The attorney (friend) deemed my mother capable of signing the documents but barely and this was several months ago now that he met with her. I was comfortable with my sibling creating the trust for mother but when she hit me up with the fact that she wants me eliminated as joint POA I felt sick to my stomach.
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