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Trusts and POAs

In what situations can an attorney in fact be allowed to transact on behalf of a trustee?

Rarely. Only in a situation where l) your state law allows a trustee to appoint an agent; AND 2) the trustee executed the POA in his capacity as trustee of the trust (NOT in his personal capacity). If your state’s law doesn’t allow the appointment of agents, the grantor could simply amend the trust (assuming it’s revocable) to name the other person co-trustee, with the power to act independently.
Learn more about Mary Beth Guard’s webinar Revocable Trust Accounts

First published on 04/12/2020

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