Skip to content
BOL Conferences
Thread Options
#736674 - 05/21/07 12:52 PM POA for Trust
CH Offline
Member
Joined: Feb 2005
Posts: 51
Georgia
Can the executor of a trust appoint a power of Attorney?

Return to Top
Deposits and Payments
#736685 - 05/21/07 12:59 PM Re: POA for Trust CH
John Burnett Offline
10K Club
John Burnett
Joined: Oct 2000
Posts: 40,086
Cape Cod
Executors normally concern themselves with estates, not with trusts. I think the party you're concerned with is a trustee.

A trustee of a trust should not be permitted to grant a power of attorney for his or her responsibilities under the trust, UNLESS state law specifically allows such an appointment, AND the trust specifically spells out the power to make such an appointment.
_________________________
John S. Burnett
BankersOnline.com
Fighting for Compliance since 1976
Bankers' Threads User #8

Return to Top
#736695 - 05/21/07 01:07 PM Re: POA for Trust John Burnett
John Burnett Offline
10K Club
John Burnett
Joined: Oct 2000
Posts: 40,086
Cape Cod
And, for what it's worth, an executor of an estate would be similarly prevented from appointing an attorney-in-fact.
_________________________
John S. Burnett
BankersOnline.com
Fighting for Compliance since 1976
Bankers' Threads User #8

Return to Top
#736746 - 05/21/07 01:57 PM Re: POA for Trust CH
Elwood P. Dowd Offline
10K Club
Elwood P. Dowd
Joined: Aug 2001
Posts: 21,939
Next to Harvey
In summary: No, fiduciary appointments are personal and cannot be delegated to third parties.
_________________________
In this world you must be oh so smart or oh so pleasant. Well, for years I was smart. I recommend pleasant.

Return to Top

Moderator:  John Burnett