Legal Question in Wills and Trusts in New York

Re: Power of Attorney change beneficiary

I do not necessarily agree with Jon that this is a blanket prohibition. I have not read the naguage of the POA so I do not know what it authorizes or prohibits. Also, you do not say why you want to do what you are suggesting. My form of POA includes language permitting this, but limits the reasons why it can be done (e.g., estate and Medicaid planning) and who can benefit from this type of change. If doing this does not accomplish a permitted purpose, the answer is no. If you are unsure if you can do it, and the maker of the POA is alive and competent, have him/her make the change, not you. If the person is incompetent, you might have to apply to the Court for permission and approval.

Re: Power of Attorney change beneficiary

no, the power of attorney permits the attorney-in-fact (which I assume you are) to assert control over the principal's finances. (A durable power of attorney gives the fiduciary that control if the principal becomes permanently incapacitated).

The attorney in fact controls those finances in accordance with the testamentary papers of the principal; those papers delineate the beneficiaries of the principal's property. Or, if for some odd reason that principal is intestate, the intestate laws delineate who the beneficiaries are.

So power of attorney has no effect on who the beneficiaries are.