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Under a power of attorney can my agent make a gift on my behalf?

An agent under a power of attorney can make a gift for you if in fact you have given them that power to do so. It’s a special power under the durable power of attorney statute. It is recommended that you provide that agent with that ability to do gifting for the purposes of Medicaid planning or veterans’ planning. However, they can also give a gift to themselves if you’ve authorized them to have the power to self-deal. In other words, the agent can take some of your assets and gift them to themselves as provided for in your document.