§ 28-73-601 — Capacity of settlor of revocable trust

(a) The capacity required to create, amend, revoke, or add property to a revocable trust, or to direct the actions of the trustee of a revocable trust, is the same as that required to make a will. (b) Notwithstanding subsection (a), action taken by an agent under a power of attorney to create, amend, revoke, add property to a revocable trust, or direct the actions of a trustee of a revocable trust is valid if the: (1) power of attorney expressly grants the agent the authority to perform the action; and (2) settlor had the capacity to take the action at the time the power of attorney was executed.

Legislative History

Amended by Act 2021, No. 804,§ 5, eff. 7/28/2021. Acts 2005, No. 1031, § 1.