PGTS Standard
36. A list is maintained of all Powers of Attorney held by personnel performing any discretionary functions employed by the organization. This list will include present and future responsibilities. This list shall also include the extent of, or limitations on the powers of attorney. [PGTS]
Planned Giving & Trust Services standard #36 requires organizations to create and maintain a list of their Powers of Attorney (POA) so that the organization may be aware of all known current and future fiduciary responsibilities they have accepted.
Information on the POA List
Each POA on the list should indicate whether it is an “immediate” or “springing” powers. All “springing” powers should notate what “springs” the power, and it should be notated what position of service (primary, 1st alternate, 2nd alternate and so forth) the organization occupies in the document.
The following is the minimum information that should be included in an organization’s POA list :
Name of client(s)
- File number
2. Type of POA appointment (Immediate, Springing powers)
3. Position of appointment (primary, 1st Alternate, etc.)
4. Notation if active or inactive
5. Name of employee responsible for this POA (if known)
The list should be updated whenever a POA is accepted, returned or terminated by a vote of the governing committees of the organization. Updating the POA list should be added to all applicable checklists that involve the creation, revision, or revocation of estate plans.
When there are no POA Obligations
If the organization has no current (active) or future (inactive) POA obligations contained in any of their stored documents, and the organization has no knowledge of the existence of any such POA documents, there is no need to create or maintain a list. In such situations, an annual affidavit from the PGTS director stating that the organization has no current or future POA obligations in any of their files, nor do they have any knowledge of such POA obligations, will satisfy the standard in lieu of a list.
It is recommended that all organizations vote a policy that no employees (pastors, teachers, etc.) may serve as a POA, as a part of their employment capacity, for any church member that is not their immediate relative, with the exception of NAD Certified Planned Giving and Trust Services personnel. Each organization is encouraged to consider including this voted policy in their employee handbook and informing all new hires of this policy during their orientation. In addition, an annual letter should be sent to all employees reminding them of this policy prohibiting serving as a POA as a part of their employment capacity. If an employee is approached by a church member to serve as their POA the employee should refer the member to the Planned Giving & Trust Services Department. Any employee found to be serving as a Power of Attorney for a non-relative church member would be in violation of voted policy.