Trust Created by Agent under Invalid Power of Attorney is Void

The Supreme Court has reversed the Superior Court and ruled that when a trust is created by an agent acting under a power of attorney that is void ab initio, the trust is also void. In re: Joseph L. Koepfinger, ___ Pa. ___, ___ A.3d ___, 20 WAP 2022 (8/22/2023), rev’g 123 WDA 2020 (Pa. Super. 2/4/2021) (non-precedential).

[DBE Comments: In my report of the allowance of the appeal by the Supreme Court, I noted that the Superior Court’s opinion was “largely incoherent.” In its opinion, the Supreme Court stated that “Respectfully, it is not entirely clear what the Superior Court ultimately held, as it did not directly address the issue at the heart of this matter, i.e., whether the judicial determination that the POA was void ab initio rendered the trust invalid.”]

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