Do I need a durable power of attorney if I have a trust?

Yes, I would also execute a durable power of attorney.  First, you should know that a durable power of attorney is a simple document that should not add significantly to the cost of a complete estate plan. In fact, many estate planning attorneys do not even charge for them, and I'm surprised your attorney did not create one for you.  Second, you can name the same person you named as your trustee or successor trustee as you name as your agent in your power of attorney.  And, third, when broadly written, a power of attorney allows the named agent to do things your trustee may not be authorized to do.  In fact, the power of attorney allows your agent to do just about anything you could do on your own, including:

(1)  Managing any property not owned by the trust, such as life insurance policies or investments;

(2)  Filing documents on your behalf, such as tax returns, changes in domicile, bankruptcy petitions, law suits, and applications for public assistance; and

(3)  Managing day to day business by doing such things as getting into your safe deposit box, resigning on your behalf from any positions you hold (such as executor or guardian), and hiring any caregivers or other professional you may require.

So, yes, even if you have to spend a bit of cash to get it done, I would execute the power of attorney. For more information or to post a question, visit our MA Elder Law Discussion Forum.