(a) An agent acting under a power of attorney may exercise any of the following powers of the settlor with respect to a revocable trust only to the extent expressly authorized by the terms of the trust or the power of attorney:
(1) Revocation of the trust.
(2) Amendment of the trust.
(3) Additions to the trust.
(4) Direction to dispose of property of the trust.
(5) The creation of the trust, notwithstanding G.S. 36C-4-402(a)(1) and (2).
The exercise of the powers described in this subsection shall not alter the designation of beneficiaries to receive property on the settlor's death under that settlor's existing estate plan.
(b) A general guardian or a guardian of the estate of the settlor may exercise the powers of the settlor with respect to a revocable trust as provided in G.S. 35A-1251(24). (2007-106, s. 23.)
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Last modified: March 23, 2014