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  • Juliet Sussman

Limits of a Power of Attorney

Certain powers must be specifically set forth in the power of attorney in order for the attorney-in-fact to have the authority to perform them.


The following powers must be specifically, individually authorized in order for the power of attorney to act:

  • Creation, modification, revocation or termination of a trust in whole or in part;

  • Funding with the principal’s property of a trust not created by the principal (or a person authorized to create a trust on the principal’s behalf);

  • Making or revoking of gifts of the principal’s property in trust or otherwise;

  • Exercise of the right to reject, disclaim, release or consent to a reduction in, or modification of a share of an estate, trust or other fund on behalf of the principal;

  • Creation or modification of survivorship interests in the principal’s property or in property in which the principal may have an interest;

  • Designation or change in the designation of beneficiaries to receive any benefits, property or contract rights upon the death of the principal; and

  • Making of a loan to the attorney-in-fact.


In no event may the power of attorney authorize an attorney-in-fact to make, publish, declare, amend, or revoke the principal’s will.

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