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POA Sign for a Trustee of a Trust?
Answers by John Burnett, BOL Guru
Guru Bio

Question:   Can a Power of Attorney sign for a trustee of a trust?

Answer: Generally, an attorney-in-fact (the correct term for the person to whom a power of attorney is granted) cannot act on behalf of the trustee of a trust. However, some states may permit a trustee to appoint an agent or grant a power of attorney to act on behalf of the trustee. In those states, and when the trust itself permits the appointment of an attorney-in-fact, it would be acceptable.

However, if John Jones has given a power of attorney to James Smith permitting Smith to act on behalf of Jones as an individual, that appointment would not be effective to allow Smith to act on behalf of Jones in his capacity as a trustee.

First published on BankersOnline.com 6/20/11









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