DATE:

06/29/06

SUBJECT/TOPIC:

TRUSTEES AND POAs

  Q:

Might I impose on you for a question on the TN Uniform Trust Act? Does your interpretation of the Act permit a Trustee to delegate a POA to execute real estate transaction documents?

 

  A:

Section 806 changes the old rule that powers of attorney were per se improper. It seems to me that if it's just a ministerial act and doesn't involve discretion ( e.g. , the trustee negotiated and signed the contract and is just getting someone to sign because she's out of town) then it's probably okay. I'd proceed with care, though.

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