Matter of Trust of Franzen
In Matter of Trust of Franzen, 955 P.2d 1018 (Colo. 1998), the settlor created a trust designed to provide for him and his wife. He named a bank as the sole trustee. The settlor expressly reserved the power to revoke the trust and, upon his death, the power was to be assumed by his wife. After the settlor died, his wife appointed her brother as her attorney-in-fact. The power of attorney expressly authorized the brother to manage and "'in any manner deal with'" the revocation of the trust. The brother attempted to revoke the trust and the bank refused.
The Colorado Supreme Court, following the rule of strict construction, stated that the language in the instrument authorized the brother to revoke the trust. It held: "the principal may confer authority to amend or revoke trusts on an agent without referring to the trusts by name in the power of attorney." 955 P.2d at 1023.