Estate Law Questions? Ask an Estate Lawyer.
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The trust agreement controls the trust assets. And, the trustee controls the trust and its assets. The POA has authority to act on behalf of the principal individual. Such a person acting under a Durable Power of Attorney becomes the agent of the principal who appointed him or her. As agent, that person is what the law calls a “fiduciary.” This means that person has a duty to act in the highest good faith for the principal’s benefit. It is not considered in the principal's best interest to change the principal's estate planning, which would include this trust even if the trust is revocable. If the trust is irrevocable, the POA would have no authority over the trust because the individual would not have any control. If the trust is revocable, although the individual could revoke or amend the trust, the POA would be breaching his fiduciary duty to act in the best interest of the individual to make any changes to the trust or try to control the trust or the trustee.
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