Q & A | Power of Attorney, Trust Agreement, or Court Order

Q: Can an agent under a power of attorney, a trustee under a trust, or  the personal representative of an estate (i.e. executor or administrator) delegate those powers to a third party?

A: No. As a general rule the authority conferred upon an agent, trustee or personal representative is not freely delegable. In each case the individual (or entity) appointed to act as agent, trustee or personal representative is chosen based on the specific intent and desire of the granting party.  As such, the agent, trustee or personal representative is not in a position to then delegate those powers to an unintended third party. The exception to this general rule, in the case of a power of attorney or trust agreement, exists when either document specifically states that the agent or the trustee has the authority to delegate his/her powers–this is rarely the case. Additionally, personal representatives are appointed by court order. A new court order would be required to change the existing personal representative.

The bottom line: when presented with a power of attorney, trust agreement, or court order you must be working with the agent, trustee or personal representative named in the document.