Can a property acquired on Power of Attorney basis can be transferred to a trust

Question

whether it is legal to transfer a property under the control of a POA holder to a trust?

Answer 1

It depends on the state and the document.  Many POAs will state that the Attorney in Fact (the person designated by the POA) has the powe to transfer the property to trust.  Some will even spell out the types of trust that the POA can transfer property to.  Others give the AIF full authority to transfer (for Medicaid planning purposes, for example).  In Missouri, for example, the commonly used format for a POA allows for transfers to trust, but limits the transfers.  So: (1) look to the document; (2) look to state law; (3) contact an attorney in your state if you have any doubts whatsoever as to your authority under the POA.