Can You Inherit If You Have Power Of Attorney In New York?

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Can You Inherit with Power of Attorney?

The role of a Power of Attorney (POA) is a powerful one, allowing an appointed individual to make financial and legal decisions on behalf of another person, known as the principal. However, the interplay between Power of Attorney and inheritance in New York can be complex and depends on several factors. At Morgan Legal Group in New York City, we specialize in estate planning and legal matters. In this comprehensive guide, we will explore the relationship between having a Power of Attorney and the ability to inherit in New York.

Understanding Power of Attorney

Before delving into the inheritance aspects, it’s essential to understand the nature and authority of a Power of Attorney. A POA is a legal document that grants a trusted individual (the agent or attorney-in-fact) the authority to act on behalf of the principal. This authority can encompass various financial and legal decisions, depending on the type of POA and the specific powers granted within it.

Common powers granted to an agent in a POA include managing bank accounts, making financial transactions, paying bills, and handling real estate matters. Some POAs also grant authority over healthcare decisions, but this post will primarily focus on the financial and legal aspects.

Can an Agent Inherit as a Beneficiary?

One common question that arises is whether an agent under a Power of Attorney can also be named as a beneficiary in the principal’s estate planning documents, such as a Last Will and Testament or a Trust. The short answer is yes, an agent can typically be named as a beneficiary. However, several considerations come into play:

1. Conflict of Interest

While there is no legal prohibition against naming an agent as a beneficiary, it’s essential to consider the potential for a conflict of interest. A conflict of interest can arise if the agent’s interests as a beneficiary conflict with their responsibilities as an agent to act in the best interests of the principal.

For example, suppose an agent is set to inherit a significant portion of the principal’s estate. In that case, they may be tempted to make decisions or take actions that benefit themselves as a beneficiary but could harm the principal’s interests. This is why transparency and accountability are crucial when both roles coexist.

2. Clarity and Transparency

To avoid conflicts of interest and legal challenges, it’s advisable to ensure that the principal’s intentions are clear and transparent. This can be achieved through open communication, clear documentation, and legal advice from an experienced estate attorney.

Additionally, when drafting estate planning documents, it’s beneficial to specify that any decisions made by the agent should be in the best interests of the principal, even if the agent is a beneficiary. Clauses like this can help mitigate potential conflicts.

3. Legal Oversight

In New York, as in many other jurisdictions, there is legal oversight and accountability in place to safeguard against abuse or misuse of a Power of Attorney. Courts and authorities have the power to review the actions of agents and step in if they determine that the agent is acting against the principal’s best interests or in violation of their fiduciary duty.

This legal oversight can also extend to the agent’s role as a beneficiary. If there are concerns about the agent’s conduct, interested parties can raise issues related to the agent’s actions as a beneficiary and seek appropriate remedies through the legal system.

The Role of Estate Planning Documents

Estate planning documents play a significant role in shaping the distribution of assets. The primary documents involved include:

a. Last Will and Testament

A Last Will and Testament outlines the distribution of the principal’s assets after their passing. In a will, the principal can specify the beneficiaries and the portions of the estate each will receive. This document can name the agent as a beneficiary if that is the principal’s intention.

b. Trusts

Trusts are versatile tools in estate planning. They can be used to hold and manage assets for the benefit of specified beneficiaries. Depending on the type of trust, the agent may have different roles and responsibilities. A revocable living trust, for example, allows the principal to serve as both the grantor and the trustee during their lifetime. This means they retain control over the trust’s assets while designating beneficiaries. An agent can inherit assets from a revocable living trust as specified by the grantor.

It’s essential to consult with an experienced estate attorney when creating these documents to ensure that the principal’s intentions are legally sound and well-documented.


Having a Power of Attorney does not inherently disqualify the agent from being named as a beneficiary in the principal’s estate planning documents. However, the potential for conflicts of interest and the need for transparency and legal oversight must be carefully considered. Clear communication, legal advice, and well-drafted estate planning documents can help navigate the complexities of this situation.

At Morgan Legal Group, we specialize in estate planning and legal matters, providing expert guidance to individuals in New York. Our experienced team is here to assist in creating and executing estate planning documents that align with your intentions and protect your interests.

DISCLAIMER: The information provided in this blog is for informational purposes only and should not be considered legal advice. The content of this blog may not reflect the most current legal developments. No attorney-client relationship is formed by reading this blog or contacting Morgan Legal Group PLLP.

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