Dolores, CO Estate Planning Law Firms & Lawyers

As a purely technical matter, the agent under a valid power of attorney would have the authority to take this kind of action.  Powers of attorney are specifically given to be used in circumstances where the principal (your decedent) cannot take action himself. That said, there may be other circumstances, such as an improper influence by someone else, or a breach of fiduciary duty, that could impact a court's willingness to uphold the transfer. You would need to have a lawyer thoroughly review the situation.

You need to take the trust document to an attorney and have it reviewed. Typically, there are protections in place if the trustee is unable to serve and they may be there. It will be worth the money to know where you stand.

This is a mess. You can do what you want with a joint account. The potential problem I see is that your uncle could claim elder financial abuse, if you are not careful. I would try to work with him, to the extent that the two of you can agree and cooperate. If this is not possible, you have two alternatives that I can see. You can withdraw all money in the account that is yours and turn the remainder over to your uncle, or you can retain a lawyer and insist that all communications be handled through the lawyer. Unless you believe that your uncle is not properly caring for your grandmother, I would see if you can work something out.