Centrue Bank v. Voga

(Court opinion corrected 11/6/20.) Defendant Frisbee executed an amendment to the revocable living trust, which had been executed by her father Leroy, for the benefit of Defendant Englert, her sister. Leroy executed a durable Power of Attorney (POA) designating Defendant Frisbee as his agent. Defendant Frisbee could not lawfully amend the Trust, because the POA  failed to specifically name the Trust, as required by Section 2-9 of the Illinois POA Act. Because Section 2-9 governs designation of an agent's powers to amend trusts, Section 3-3 requires nonstatutory POAs to comply with Section 2-9. Trust Amendment is invalidated by Section 2-9 of the POA Act. (BRENNAN and ZENOFF, concurring.)