Can a Power of Attorney modify a Trust?

Florida changed their statute regarding Power of Attorney several years ago. It seems that many banks and other financial institutions were not honoring existing powers of attorney documents. Florida changed Florida Statute 709 to allow for enforcement and recovery of expenses associated with the improper denial of a Power of Attorney.

Clients often ask if what limits there are on a Durable
Although a client can limit the powers in a Durable Power of Attorney the right to change a Florida Will under Florida Law. Recently we have begun adding specific provisions to allow for the modification of a Florida Revocable Trust with a Durable Power of Attorney. When this happens it is important to also include provisions in the Florida Revocable Trust. to allow for the modification by Durable Power of Attorney. Charles Rubin who writes the Rubin on Tax blog has an article where he discusses this. There was a recent Florida Case where a Florida Revocable Trust was in conflict with a Power of Attorney. The court ruled that the prohibition by the Florida Revocable Trust on modification by Power of Attorney trumped the Power of Attorney.