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CAN A PERSON EMPLOY A POWER OF ATTORNEY TO EFFECT AN AMENDMENT TO A REVOCABLE TRUST? Click here to save article in WinZip.exe format to your PC In the Matter of Robert H. Goetz, Surrogate Scarpino of Westchester County, had before him an application for summary judgment on the issue of whether the holder of a power of attorney could use that power to effect an amendment to a revocable trust. The trust provided that the grantor could effect an amendment. The power of attorney did not specifically refer to the right to amend the trust. Furthermore, compliance with the method set forth in the trust to effect an amendment is required. The court likened the revocable trust to a Will. A power of attorney may not be employed to effect a change in a Will and therefore a power of attorney should not be used to effect a change in a revocable trust. The court stated that [t]he petitioner has not cited any New York law or precedent which supports the proposition that an agent may use a power of attorney to modify a trust instrument which does not explicitly authorize that method of amendment. See NYLJ, page 27 (August 2, 2005) |
