Question of the Week: Power of Attorney Clarification
Fri January 09, 2026
Question:
As a clarification to the last question of last year, is it possible for a trust to permit an agent over Power of Attorney (POA) to exercise trustee powers if that POA gives the agent power to handle financial affairs for the trustee as an individual?
Answer:
Yes, but it the trust documentation needs to permit that arrangement.
Trusts are very flexible and can be written to allow for many different situations or scenarios. If the person creating the trust (called the trustor/grantor/creator/settlor) places a clause in the trust that allows a person acting as an agent to handle a trustee’s duties, it would be permissible to do so. However, that arrangement is not typically standard and would need to be specified in the trust documentation.
Normally, a trustee can only be replaced in the role by a successor trustee, and that successor is designated by the trust documentation. Therefore, in most instances, a POA would not permit a person to use a POA over a trustee to exercise trust powers. if the trustee cannot act, the successor trustee is able to do so.
We always recommend that you obtain sufficient trust documentation to understand what language controls that trust, and if there is any confusion, to either ask for better clarification from the trustee, or have the documentation reviewed by your counsel.
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