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General Power of Attorney Format NOW KNOW YOU ALL AND THESE PRESENTS WITNESS that I, the said and do hereby appoint the said Attorney as my true and lawful Attorney with full power and authority to do and execute all acts, deeds, and things as hereinafter mentioned.
The trustee has no choice whether or not to act. If the trustee cannot act or refuses to act, the court can replace the trustee or step in and carry out the wishes of the trustee itself. A power of appointment is fundamentally different because the donee of a power has a discretion whether to act or not.
So, now you know that the Trust Maker holds the most power before the Trust is established, but the Trustee holds the most power after the Trust is established.
Successor Trustee is the person or institution who takes over the management of a living trust property when the original trustee has died or become incapacitated.
A trustee, who can either be the trustor or another responsible party, may be appointed while the trustor is still alive; a successor trustee is charged with administering a trust after the trustor or the appointed trustee (if they are different from the trustor) becomes incapacitated or dies.