What Is a Power of Appointment For a Trust or Will?

What Is a Power of Appointment For a Trust or Will?

Ashley Kilroy   Sat, April 1, 2023

Establishing a trust or will is vital to a well-designed estate plan; you might even use both. However, even the best estate plans can't anticipate changes in the future or head off new tax legislation. Fortunately, a power of appointment can help your beneficiary take control of your estate to minimize taxes and keep the property from falling into the wrong hands. Here's how it works.

Consider working with a financial advisor if you need help setting up an estate plan or managing inherited money.

What Is a Power of Appointment?

A power of appointment is an ability a grantee or beneficiary receives from the grantor or creator of a trust. The power of appointment allows the beneficiary to change a trust in specific ways in specific contexts. For example, a grandparent might place his or her assets in a trust and give their grandchildren the power of appointment over the trust once the grandparent passes away.

In addition, a power of appointment affects irrevocable trusts – which, as the name implies, are not easy to change. Fortunately, a power of appointment means beneficiaries can modify a trust within the boundaries the trust's creator sets.

Types of Powers of Appointment

There are two types of powers of appointment: general and limited. General power of appointment allows the appointed individual to change and direct the trust however he or she wishes. In essence, a general power of appointment gives over complete control of the trust, and the person who has that power can allocate the trust's assets how that person sees fit.

On the other hand, a limited or special power of appointment has boundaries the holders must follow.

Powers of Appointment and Ownership

Depending on appointment type and state law, powers of appointment have varying effects on ownership. For example, your state's laws may allow you to immediately own property within the trust as the holder of a general power of appointment. However, such ownership also exposes the property to your creditors.

Therefore, if you're in debt or serious financial trouble, the ownership you receive through a power of appointment could mean losing the property altogether. That said, state law may prohibit creditors from seizing the property until the power holder dies. On the other hand, a limited power of appointment typically doesn't grant property ownership.

Power of Appointment Tax Treatment

A power of appointment can affect your tax circumstances, even if you don't exercise the power. Specifically, tax law declares that a general power of appointment designated after Oct. 21, 1942, will add the related trust's value to the power holder's estate upon that person's death. As a result, a general power of appointment usually exposes a trust to federal estate taxes.

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