Brief Fact Summary. James Franzen created a trust giving that gave his wife, appellant Francis Franzen, the power to revoke or amend the trust if he predeceased her. Franzen was living in a nursing home when her husband died and her brother James O’Brien was her power of attorney. O’Brien sought to revoke the trust and have the assets turned over to him because he was taking care of the appellant’s affairs while she was living in a nursing home.
Synopsis of Rule of Law. The principal in a durable power of attorney may give the agent authority to amend or revoke trusts without referring to the trusts by name in the power of attorney.
A power of attorney is an instrument in writing by which one person, as principal, appoints another as his agent and confers upon him the authority to perform certain specified acts or kinds of acts on behalf of the principal.View Full Point of Law