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Arkansas Code Title 28. Wills, Estates, and Fiduciary Relationships § 28-73-601. Capacity of settlor of revocable trust

Current as of March 28, 2024 | Updated by Findlaw Staff

(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.

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Cite this article: FindLaw.com - Arkansas Code Title 28. Wills, Estates, and Fiduciary Relationships § 28-73-601. Capacity of settlor of revocable trust - last updated March 28, 2024 | https://codes.findlaw.com/ar/title-28-wills-estates-and-fiduciary-relationships/ar-code-sect-28-73-601/

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