Power of agent or conservator to revoke trust

(a) A settlor’s powers with respect to revocation, amendment, or distribution of trust property may be exercised by an agent under a power of attorney only to the extent expressly authorized by the trust instrument and the power. (b) A settlor’s powers with respect to revocation, amendment, or distribution of trust property may be exercised by the settlor’s conservator only as provided in Code Section 29-5-23. 781 53-12-43 WILLS, TRUSTS, AND ESTATES 53-12-45 History. — Code 1981, § 53-12-43, enacted by Ga. L. 2010, p. 579, § 1/SB 131. 53-12-44. Trust not revocable because life estate holder has reversion. No trust shall be considered to be revocable merely because the life beneficiary has a reversion in or a power of appointment over assets of the trust or because the life beneficiary’s heirs or estate have a remainder interest therein. History. — Code 1981, § 53-12-44, enacted by Ga. L. 2010, p. 579, § 1/SB 131. 53-12-45. Limitation on action contesting validity of revocable trust. (a) Any judicial proceeding to contest the validity of a trust that was revocable immediately before the settlor’s death shall be commenced within two years of the settlor’s death. (b) Upon the death of the settlor of a trust that was revocable immediately before the settlor’s death, the trustee may proceed to distribute the trust property in accordance with the trust provisions. The trustee shall not be subject to liability for doing so unless: (1) The trustee knows of a pending judicial proceeding contesting the validity of the trust; or (2) A potential contestant has notified the trustee in writing of a possible judicial proceeding to contest the trust and a judicial proceeding is commenced within 60 days after the contestant sent such notification. (c) A beneficiary of a trust that is determined to have been invalid shall be liable to return any distribution received. History. — Code 1981, § 53-12-45, enacted by Ga. L. 2010, p. 579, § 1/SB 131; Ga. L. 2011, p. 752, § 53/HB 142.