Construction of power relating to estate, trust, and other beneficiary transactions

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In a statutory power of attorney the language granting power with respect to estate, trust, and other beneficiary transactions empowers the agent to act for the principal in all matters that affect a trust, probate estate, guardianship, conservatorship, escrow, custodianship, or other fund from which the principal is, may become, or claims to be entitled, as a beneficiary, to a share or payment, including to:

(1) Accept, reject, disclaim, receive, receipt for, sell, assign, release, pledge, exchange, or consent to a reduction in or modification of a share in or payment from the fund;

(2) Demand or obtain by litigation or otherwise money or other thing of value to which the principal is, may become, or claims to be entitled by reason of the fund;

(3) Initiate, participate in, and oppose litigation to ascertain the meaning, validity, or effect of a deed, will, declaration of trust, or other instrument or transaction affecting the interest of the principal;

(4) Initiate, participate in, and oppose litigation to remove, substitute, or surcharge a fiduciary;

(5) Conserve, invest, disburse, and use anything received for an authorized purpose; and

(6) Transfer an interest of the principal in stocks, bonds, accounts with financial institutions, insurance, and other property, to the trustee of a revocable trust created by the principal as settlor.

(Sept. 18, 1998, D.C. Law 12-147, § 2, 45 DCR 3853.)

Prior Codifications

1981 Ed., § 21-2111.

Editor's Notes

Uniform Law: This section is based upon § 11 of the Uniform Statutory Form Power of Attorney Act.


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