Schubert

Cynthia Jane Reynolds (defendant), individually and as trustee of the William Walker Reynolds, Jr., Living Trust, appeals from a judgment holding invalid the trust instrument she created pursuant to a power of attorney. She contends the court erroneously interpreted Probate Code section 4264, exceeded its authority in reconsidering an order denying a motion for summary judgment, and abused its discretion in sua sponte amending the complaint to state causes of action against her. We disagree with both her characterization of events and her legal conclusions, and affirm.

I

Facts

William Walker Reynolds, Jr. (decedent) died in 1997, leaving four children to squabble over the division of his property and the distribution of his estate. About two months before he died, he executed a general power of attorney, designating defendant as his attorney-in-fact. The day before he died, defendant, in her capacity as attorney-in-fact, created an inter vivos trust in decedent’s name and executed it as both trustor and trustee. The trust provided decedent’s residence was to be held in trust for defendant for life, remainder to decedent’s grandchildren, effectively bypassing decedent’s…