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Does a "lifetime power of appointment" include "testamentary…

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Does a "lifetime power of...
Does a "lifetime power of appointment" include "testamentary power of appointment"? An individual H has lifetime limited POA to a group which includes his spouse W. If not exercised, the assets go to H's issue but not to spouse W. Can H appoint to W in his will?
Submitted: 8 months ago.Category: Estate Law
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Answered in 3 minutes by:
8/6/2017
Estate Lawyer: RayAnswers, Attorney replied 8 months ago
RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 46,384
Experience: Texas lawyer for 30 years in Estate law
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

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Estate Lawyer: RayAnswers, Attorney replied 8 months ago

Yes H can appoint anyone he chooses as POA and his will and can appoint W in his will as well.He has he power to do this so that his wishes are carried out by the W.W may want to do a POA and will for H too if she wants him to manage her affairs if it were to become necessary.It is pretty common to have spouse carry out duties if needed for the benefit or the other spouse here in MA. It is not a problem if they both do wills and POAs where needed.This is good estate planning here under MA law.

I appreciate the chance to help you today.Thanks again.

If you can positive rate 5 stars it is much appreciated.

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