Legal Question in Wills and Trusts in New Jersey
Durable Power of Attorney and Trusts
If someone has a Durable Power of Attorney can they change the terms of a trust for that individual such as naming a different benefiiary?
Asked on 5/28/08, 11:16 am
1 Answer from Attorneys
Jonathan Chester
The Law Office of Jonathan S. Chester, Esq., LLC
Re: Durable Power of Attorney and Trusts
The answer may depend on the specific language in the Power of Attorney document, however, in my opinion, it would be highly unusual for an Attorney-in-fact to be able to alter the terms of an existing trust agreement...in particular the power to change a named beneficiary to someone else altogether.
I would need to review the terms of the power of attorney document to give you a complete answer.
Answered on 5/28/08, 11:31 am
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