I believe my deceased aunt's Power of Attorney was used to change her wishes
Full Question:
Answer:
The answer will depend on the powers granted in the document and the facts and circumstances involved. A power of attorney may allow the person appointed to make gifts to themself. However, a power of attorney may be abused by changing beneficiary designations on investments, and opening bank accounts with joint title or pay on death provisions in favor of the agent. The obligations of the fiduciary duty as "attorney-in-fact" are to act in the best interests of the person giving of the power.
If the power-of-attorney is silent as to the power to gift to directly to the agent himself, the state is likely to have cases that have come through the courts that have found gifting by such a power-of-attorney document are a breach of fiduciary duty, voidable, and perhaps, illegal. If the principal has passed away by the time the power of attorney abuse has been discovered, the principal's estate or the intended beneficiaries of the property may be able to sue the agent for breach of fiduciary duty, tortious interference with estate planning, or a number of other causes of action.