Answer:
A review of both the language in the POA and any state statutes regarding POAs would be necessary to answer this question with confidence. In general, making a gift requires a contemporaneous transfer of ownership. For example, an attorney-in-fact empowered to make gifts could write a check today and, thus make a gift. Transfers of property at death are technically not gifts. In general, a power to make gifts now does not translate into a power to control the disposition of property at death; i.e., it does not mean he can name POD beneficiaries.
First published on BankersOnline.com 8/31/09