If a POA gives the power to create a revocable trust, can the agent create an irrevocable trust instead?

Mr. Johnson: I would have to see the Power of Attorney to tell you for sure.  But, based upon your question as you have written it, the answer to your question is: "NO".  The attorney-in-fact was not granted the authority to create an irrevocable trust and, therefore, exceeded his/her authority and the purported irrevocable trust  woudl be invalid as an irrevocable trust ab initio (from the beginning).  It is that simple.  But, again, I would have to see what the other provisions of the power of attorney say and what other authority may have been granted. Sincerely, Kevin Spencer www.spencerlawpc.com