POWER OF ATTORNEY-ACTION TAKEN UNDER INVALID POWER OF ATTORNEY

In re Joseph Koepfinger, 2023 Pa. LEXIS 1113 (S. Ct. August 22, 2023) (Donohue, J.) This appeal requires the Court to consider whether a judicial determination that a power of attorney was void ab initio invalidates an irrevocable trust created by the purported agent under the void power of attorney. The orphans’ court answered this question in the affirmative, but the Superior Court reversed. For the reasons that follow, we hold that, when a court concludes that a power of attorney is a nullity, any action taken under the auspices of the power of attorney is likewise a nullity. Consequently, we vacate the Superior Court’s judgment and reinstate the orphans’ court’s order.