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  Home >> Special Situations >> Powers of Attorney  
Can I Be POA and POD?

I have a durable POA on my mother's CDs. She now wants me to be sole POD on all CDs. Originally, they were split between my brother and myself. Can we do this? One of the banks said I couldn't be both.


There is absolutely no legal reason to prevent your mother from designating you as the POD payee on her accounts, even though you hold her power of attorney, but as a general rule, she'll need to make those arrangements personally, because most powers of attorney won't permit the attorney-in-fact (your role) to set up POD designations, especially if it would name himself or herself. In fact, even if the power of attorney document gives you that authority, many (if not most) banks would be reluctant to allow you to make the change.

Published on BankingQuestions.com 4/09/10