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Tips From the Pros: Powers of Appointment And Fiduciary Duties

Charles A. Redd examines litigation in recent years that’s exposed a possible exception to the widely held belief that exercising a power of appointment isn’t a fiduciary act.
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A power of appointment (POA), among the useful tools in estate planning, is a dispositive power to decide who will take trust property next and the time, terms, shares and conditions under which the recipient(s) will receive it. A POA is conferred by the owner of property, the donor, in a will or trust instrument and is given to a person traditionally called the “donee” in the Restatements of Property but called the “powerholder” in the Uniform Powers of Appointment Act (the Act).

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