It's not clear that you have standing to request a copy of the trust since you are not a current beneficiary. That depends on state law. In addition, it sounds like you are the health care agent for your mother but not her financial or legal agent under a durable power of attorney. If that’s the case, you can’t ask for a copy of the trust or accounts on her behalf. You may have to go to court to be appointed her guardian or conservator. We would recommend that you consult with a local estate planning attorney who can advise you on the best course of action given the circumstances and your state’s laws.
Harry S. Margolis practices elder law, estate, and special needs planning in Boston and Wellesley, Massachusetts. He is the founder of ElderLawAnswers.com and answers consumer questions about estate planning issues here and at AskHarry.info.
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