Your situation
You have authority, but you need to know whether it covers a specific action.
What to check first
Read the exact power you plan to use.
Check for restrictions, conditions, successor-agent rules, and termination clauses.
Identify powers that may require express language under the governing law, such as certain gifts or beneficiary changes.
Common rule
An agent must follow the POA and act as a fiduciary: for the principal’s benefit, with care, separate property, and good records.
What not to assume
Do not treat POA as unlimited ownership or control.
Do not make gifts, beneficiary changes, trust changes, or major property transfers unless authority is clear.
Do not mix the principal’s money with your own.
What you can do now
Create a written inventory of the authority you are using.
Keep receipts and transaction records.
Use the principal’s funds only for authorized purposes.
When professional help becomes important
Get legal review before unusual gifts, beneficiary changes, trust transactions, real-estate sales, self-dealing, or any action the document does not clearly authorize.
Jurisdiction matters
In Alberta, financial authority under an Enduring Power of Attorney should not be confused with personal decision-making under a Personal Directive.
A BC attorney must act honestly and in good faith, use reasonable care, stay within the authority granted, and keep required records.
In Ontario, a continuing attorney for property may do what the grantor could do with respect to property, subject to the document and statute, but cannot make a will for the grantor.
Au Québec, l’étendue des pouvoirs dépend du mandat applicable. Le mandataire doit agir dans l’intérêt du mandant et respecter ses droits, son autonomie, ses volontés et préférences.
Alaska’s statutory form requires affirmative selection for specified high-risk authorities, including gifts, trust changes, beneficiary changes and survivorship rights.
Alabama requires express authority for specified high-risk acts under § 26-1A-201; the exact document remains controlling.
Arkansas requires express authority for specified high-risk acts under A.C.A. § 28-68-201; the exact document controls.
California requires express POA authority for several high-risk acts, including gifts, trust changes, survivorship interests and beneficiary designations; an attorney-in-fact cannot make, amend or revoke the principal’s will.
Delaware requires express authority for specified high-risk acts such as gifts, trust changes, survivorship rights and beneficiary designations.
Florida requires specific grants of authority; broad language purporting to authorize everything the principal could do is not itself an express grant of every specific power.
Georgia § 10-6B-40 requires express authority for high-risk acts including gifts, trust changes, survivorship rights and beneficiary designations.
Idaho § 15-12-201 requires express authority for specified high-risk acts, including gifts, trust changes, survivorship and beneficiary designations.
Illinois statutory property POA categories do not by themselves authorize gifts, powers of appointment or beneficiary changes; the exact document and any specific grants matter.
Indiana scope and limitations should be determined from IC 30-5 and the document; do not import UPOAA-specific express-authority lists without verification.
Kansas requires express authorization for specified high-risk acts under K.S.A. 58-654, including trusts, gifts, survivorship and beneficiary changes.
Kentucky requires express authority for high-risk acts including gifts, trust changes, survivorship rights and beneficiary designations.
Louisiana Civil Code art. 2997 requires express authority for specified acts, including donations, succession acceptance/renunciation, loans and health-care decisions.
Maine requires express authority for high-risk acts including gifts, trust changes, survivorship rights and beneficiary designations.
Michigan requires express authority for several high-risk acts, including gifts, trust changes, rights of survivorship and beneficiary designations.
Missouri § 404.710 requires express authority for several high-risk acts, including trusts, gifts, survivorship interests and beneficiary designations.
Montana § 72-31-336 requires express authority for specified high-risk acts.
North Dakota has an unusually broad gift statute: sufficiently broad general-affairs or property authority may permit gifts unless the instrument expressly limits that authority. The exact document must therefore be checked before assuming gifts are prohibited or permitted.
New Hampshire requires express authority for specified high-risk acts under RSA 564-E:201.
New Mexico requires express authority for specified high-risk acts, including gifts, trust changes, survivorship rights and beneficiary designations.
Nevada requires express authority for high-risk acts including gifts, trust changes, survivorship rights and beneficiary designations.
Ohio requires express authority for specified high-risk acts such as gifts, beneficiary changes and survivorship changes.
Oklahoma’s statutory form grants subject-matter categories and general construction powers. High-risk gifts, beneficiary changes, trusts or self-dealing should be checked against the exact instrument and current Oklahoma law rather than a borrowed UPOAA express-authority list.
Rhode Island short-form powers are construed by the categories selected in chapter 18-16. Do not import another state’s high-risk express-authority list without Rhode Island-specific review.
South Dakota requires express authority for high-risk acts including gifts, trust changes, survivorship rights and beneficiary designations.
Tennessee does not use the modern UPOAA express-authority list. Under § 34-6-110, sufficiently broad written authority may permit gifts consistent with the principal’s personal gift history; otherwise court authorization may be required. Other high-risk acts still require document- and statute-specific review.
Vermont requires express authority for high-risk acts including gifts, trust changes, rights of survivorship and beneficiary designations.
Wisconsin § 244.41 requires express authority for specified high-risk acts including gifts, trust changes, survivorship and beneficiary designations.
West Virginia requires express authority for high-risk acts including gifts, trust changes, survivorship rights and beneficiary designations.
Wyoming requires express authority for specified high-risk acts including gifts, trust changes, survivorship rights and beneficiary designations.