Does a Power of Attorney Allow a Person to Create, Modify, or Revoke a Trust?
In some cases a power of attorney allows a person to create, modify, or even revoke a trust. However, under California law, a power of attorney must expressly provide for an agent to create, modify, or revoke a trust. See California Probate Code section 4264. Otherwise, if the power of attorney does not expressly provide for such powers, then the agent cannot take such action. This is the case even where the power of attorney grants the agent general authority to act. See Probate Code section 4261.