Trustees Deemed Incompetent By Their Physicians

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Question:

We have two Trustees who are deemed incompetent by their physicians, and the successor trustees are willing to step up. However the trust is using one of the trustee's TINs. Can the successor sign the W9 section? They also have a POA drawn up, however it doesn't grant powers over the trust, just the trustee.

Answer:

Without knowing what type of trust you are talking about, it is very difficult to answer your question regarding the TIN. An irrevocable trust must have its own TIN. However, even on a revocable trust, it is a little unusual for the TIN to change. A POA will never give someone power over a trust. Only the trust agreement can accomplish that.