The 30‑Second Takeaway
A power of attorney (POA) is wonderful for paying Mom’s everyday bills or signing Dad’s tax return—but the minute those assets land in a living trust, the POA hits an invisible brick wall. Only the trustee (or the back‑up trustee listed in the trust) can touch what’s in that pot. Below you’ll learn why and—more importantly—what to do next so your family isn’t stuck in paperwork limbo.
A Quick Refresher: What Exactly Is a Power of Attorney?
When your life has reached the stage where you may need to help a loved one or aging parent handle their finances or make medical decisions for them, a great tool to reach for is a power of attorney (“POA”).
Put simply, a POA lets one person (“the agent”) step into the shoes of another (“the principal”). A durable POA stays in force even if the principal later loses mental capacity. (In Florida, we usually use a separate Health‑Care Surrogate form for medical choices, but that’s a story for another day.)
Two Hats, Two Rulebooks — POA vs. Trustee at a Glance
| Who’s Wearing the Hat? | What They Can Touch | When Their Power Ends |
|---|---|---|
| Agent under a POA | Anything not titled to a trust—checking accounts, IRAs, the family SUV | The moment the principal dies (or if the POA is revoked) |
| Trustee / Successor Trustee | Only assets in the trust’s name—think “the pot labeled Doe Family Trust” | Continues until the trust says “I’m done” (often after bills are paid and inheritances handed out) |
Bottom line: Same person can wear both hats, but the hats don’t magically overlap. The law treats them as separate superpowers.
Why Does the POA Fizzle Out at the Trust Door?
- Ownership shifts. Once Grandma puts her house into the Doe Family Trust, the trust owns it, not Grandma.
- Trustee’s personal duty. By law, a trustee must personally guard those assets for the beneficiaries; it’s a promise that can’t be handed off with a quick POA shortcut. (Florida Statute § 736.0816 (2024))
- Florida’s rulebook says so. The Florida POA statute flat‑out bars an agent from exercising powers the principal holds “as trustee.” (Florida Statute § 709.2201 (2024))
Real‑Life “Uh‑Oh” Moments We See Every Week
- The bank teller won’t honor your POA to dip into Dad’s trust account to pay the electric bill.
- A title company rejects the deed you signed “as POA for Mom, Trustee” because you’re not the trustee.
- Siblings erupt when one child, acting under POA, tries to sell the parents’ rental that’s actually titled to the trust.
Recognize these? You’re not alone—and they’re all avoidable.
What Does Work (and It’s Easier Than You Think)
| # | Simple Fix | Best For | Caveat |
|---|---|---|---|
| 1 | Name a Successor Trustee | Every revocable trust | Review after life changes—divorce, death, relocation |
| 2 | Add a Co-Trustee | When grantor is still sharp but needs day-to-day help | Two signatures can slow decisions |
| 3 | Use a Trust Protector | Large, multi-state or rental portfolios | Must be neutral and clearly named |
| 4 | Keep the POA for “Everything Else” | Social Security, cars, tax filings | Make sure the POA is updated every 3-5 yrs |
Internal pro‑tip: For deeper details on naming trustees, check our Living Trust basics page.
Elder‑Financial‑Abuse Red Flags
A 2024 federal study pegs annual elder‑financial‑exploitation losses at $28.3 billion. (2024 Interagency Statement on Elder Financial Exploitation)
Watch for:
- Sudden “new best friends” urging Mom to sign fresh POA papers.
- Unpaid bills despite steady income.
- Big withdrawals or transfers between non‑trust accounts.
If something feels off, call Florida’s Elder Abuse Hotline (1‑800‑96‑ABUSE) or learn about guardianship options.
Quick‑Start Guide: If You’re Named as Both Agent and Successor Trustee
- Grab the trust binder and any doctor’s note required by the trust.
- Sign an “Affidavit of Successor Trustee.” Banks often supply the form.
- Retitle accounts so the bank shows you as acting trustee.
- Tell the IRS (Form 56) you’re the new fiduciary.
- Keep receipts. Siblings will want an accounting.
Need help lining up these steps? Book a quick strategy call.
FAQ—No Legalese, Just Answers
Does my POA override the living trust?
Nope. The trust controls trust assets; your POA controls everything else. (The Florida Senate)
Can a trustee give someone a POA to run the trust?
Only if the trust document already says that’s allowed—and most don’t.
What if no successor trustee is named?
Someone (often a beneficiary) must ask the court to appoint one, which costs time and money.
Who can cancel a POA in Florida?
The competent principal—or a judge if the agent misbehaves.
Can the same person be POA, trustee, and executor?
Yes, but choose wisely and always name an alternate.
How do courts settle trustee‑versus‑POA fistfights?
Courts side with the trust document and can suspend a rogue POA agent.
Key Takeaways & Next Steps
- A POA is not a master key—pair it with a solid successor‑trustee plan.
- Review both documents every few years or after major life events.
- Ready for peace of mind? Call 954‑231‑3430 or schedule your Trust & POA Check‑Up.
Talk to Our Estate Planning Attorneys
Our team here at SJF Law Group works hard to ensure that your wishes will be followed, and your loved ones taken care of when you are gone. Our estate planning lawyers expertly guide individuals and families through the complex probate process and capably handle all aspects of the creation, administration, and settlement of estates and trusts. When you work with our Florida estate planning attorneys at SJF Law Group, you get more than just an estate plan: you get peace of mind.
As trusted probate and estate planning lawyers, we serve individuals and families in the vibrant communities of Plantation, Fort Lauderdale, Boca Raton, West Palm Beach, and Miami, FL. We are also pleased to offer the options of both in-person and virtual appointments throughout Florida to make our services accessible no matter where you are located.
If you want to discuss your specific situations with one of our estate planning lawyers, do not hesitate to reach out to our law firm at 954-231-3430. You can also fill out our contact form.