Murphey v. Murphey
In Murphey v. Murphey, 169 Ariz. 443, 819 P.2d 1029 (Ct. App. 1991), the trust document provided: "'The powers reserved by the settlors, or either of them, are personal and shall not be exercisable by any guardian or other personal representative.'" 169 Ariz. at 444.
The surviving settlor of the trust executed a general power of attorney appointing the appellant as her attorney- in-fact. The appellant subsequently made several modifications to the trust. The appellate court affirmed the trial court's finding that the durable power of attorney was personal and nondelegable on two grounds. First, the court stated:
"The basic principles of trust law prohibit the transfer to anyone, including one with the power of attorney, when the right to amend or revoke is reserved personally by the settlors." 169 Ariz. at 444.
Second, the appellant was a "personal representative" of the surviving settlor and the trust language specifically precluded a personal representative from revoking or modifying the trust. 169 Ariz. at 445.