Farmington, MO asked in Estate Planning, Probate and Elder Law for Missouri

Q: I have financial POA over my grandfather, can I add myself as a beneficiary on his deed?

He has no will. I’ve been living in his hook me caring for him for over a year. In February he was going to add me as beneficiary on his deed. The pandemic closed the courthouse until this week. He is now incapacitated and can not do so. Can I add myself as beneficiary? The financial POA states I have the power to do so.

1 Lawyer Answer
David S. Schleiffarth
David S. Schleiffarth
  • Estate Planning Lawyer
  • Webster Groves, MO
  • Licensed in Missouri

A: Typically, if a POA grants a power then it is legal to exercise that power, assuming doing so doe not conflict with any limitations or restrictions given in the document. Another important caveat is that said power is being exercised in good faith and in keeping with the principal's interests. Further, the POA would need to be "durable" (still effective despite the principal's incapacity) to be effective at this point.

Ultimately, it is impossible to give a hard answer without reviewing the POA and knowing all of the surrounding facts.

It would be in your best interest to consult personally with an estate planning attorney before acting.

*This statement is the opinion of its author and is intended for educational purposes only. It is not legal advice, nor does it constitute an attorney-client relationship.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.