Power of attorney didn’t cover trust amendment

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted January 6, 2021 10:19 AM

A fight between Leroy Voga’s children about an amendment to his revocable trust by one of his daughters, exercising her authority under a durable power of attorney, focused on the portion of the Illinois Power of Attorney Act that says: “An agent may not revoke or amend a trust revocable or amendable by the principal ... without specific authority and specific reference to the trust in the agency.” 755 ILCS 45/2–9.Leroy had four children: Lyle Voga, Linda Joan Frisbee, Larry Voga and Lois Englert …

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