The authority to represent a trust as an attorney-in-fact is firmly established under federal law, the Uniform Commercial Code (UCC), and longstanding legal precedent. Contrary to common misconceptions, a trust operates as a contractual entity, granting it the ability to be lawfully represented by an authorized agent, including an attorney-in-fact. This article explores the legal framework affirming this right, highlights key statutory provisions, and provides strategies for enforcing it against courts and financial institutions that unlawfully challenge or deny such authority.
The authority to represent a trust as an attorney-in-fact is firmly established under federal law, the Uniform Commercial Code (UCC), and longstanding legal precedent. Contrary to common misconceptions, a trust operates as a contractual entity, granting it the ability to be lawfully represented by an authorized agent, including an attorney-in-fact. This article explores the legal framework affirming this right, highlights key statutory provisions, and provides strategies for enforcing it against courts and financial institutions that unlawfully challenge or deny such authority.