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Our customer is the trustee of her trust. Her two sons are named as successor trustees. One son was granted power of attorney over her. He would like to amend his power of attorney document to give him authority to execute transactions on behalf of the trust. Is that permissible? – IBA Compliance Connection

IBA Compliance Connection

Your go to source for compliance!

Our customer is the trustee of her trust. Her two sons are named as successor trustees. One son was granted power of attorney over her. He would like to amend his power of attorney document to give him authority to execute transactions on behalf of the trust. Is that permissible?

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Yes, the power of attorney document may be amended to expressly permit the son to exercise authority over the trust. Illinois law permits an agent with power of attorney to exercise all powers with respect to a trust that the principal could exercise if she was not disabled, except that the agent may not revoke or amend a trust or require the trustee to pay income or principal to the agent unless the statutory property power form expressly grants that specific authority.

For resources related to our guidance, please see:

  • Illinois Power of Attorney Act, 755 ILCS 45/3-4(n) (“The agent is authorized to . . . assert any interest in and exercise any power over any trust, estate or property subject to fiduciary control . . and, in general, exercise all powers with respect to estates and trusts which the principal could if present and under no disability; provided, however, that the agent may not . . . revoke or amend a trust revocable or amendable by the principal or require the trustee of any trust for the benefit of the principal to pay income or principal to the agent unless specific authority to that end is given, and specific reference to the trust is made, in the statutory property power form.”)