Powers of Appointment: A Handy Tool in Your Client’s Toolbox
Posted by Robert L. Arone An often misunderstood but prevalent estate planning tool that often appears in estate planning documents is the power of appointment. Not to be confused with a power of attorney (the document that allows a living person to delegate certain powers to an agent to act on their behalf), a power of appointment can be an incredibly useful tool if used properly and knowledgeably. A well-considered power of appointment allows a client to maintain significant flexibility in their estate plan now and in the future, even when that estate plan is otherwise considered irrevocable under the law. Though hundreds of pages of books, scholarly articles, court decisions, and tax regulations have been written on the topic of powers of appointment, this newsletter can help you counsel your clients intelligently and confidently on the topic. It can also help you recognize and identify the existence of powers