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  Home >> Special Situations >> Powers of Attorney  
Can POA Change Beneficiary to Himself?

Can a person use a power of attorney to change a beneficiary on a POD account to himself?


An attorney-in-fact (the individual to whom a power of attorney is given) has a fiduciary responsibility to the grantor of the power of attorney (the principal). That fiduciary responsibility normally does not extend to the naming of beneficiaries for POD accounts, and in most cases naming oneself as beneficiary would be considered a breach of fiduciary responsibility. However, in states that don't prohibit the inclusion of specific authority in the power of attorney document, the authority to name himself/herself as POD beneficiary could be specifically spelled out in the power of attorney.

Published on BankingQuestions.com 6/09/10