Hot Powers

In a power of attorney (POA), “hot powers” are powers that must be explicitly granted by the principal to the agent. They differ from powers that are implied.

“Hot Powers” Under the UPOAA

Under § 201 of the Uniform Power of Attorney Act (UPOAA), a model law, the agent must be expressly granted the power to:

1. Create, amend, revoke, or terminate an inter vivos trust.
2. Make a gift.
3. Create or change rights of survivorship.
4. Create or change a beneficiary designation.
5. Delegate authority granted under the power of attorney.
6. Waive the principal’s right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan.
7. Exercise fiduciary powers that the principal has authority to delegate.
8. Disclaim property, including a power of appointment.
9. Exercise authority over the content of electronic communications, as defined in 18 U.S.C. Section 2510(12), sent or received by the principal.

As of 2026, the majority of states and Washington, D.C. have adopted a version of the UPOAA. Check what the hot powers are in your state, as they may differ somewhat from those in the UPOAA model law. Let’s look at the statute in South Carolina as an example.

“Hot Powers” Under South Carolina POA Laws

South Carolina adopted a modified version of the UPOAA in 2017. Under SC Code § 62-8-201, the first eight powers are the same as those above in the model law; the final four are:

9. Access a safe deposit box or vault leased by the principal;
10. Exercise a power of appointment in favor of someone other than the principal;
11. Reject, renounce, disclaim, release, or consent to a reduction in or modification o f a share in or payment from an estate, trust, or other beneficial interest; or
12. Deal with commodity futures contracts and call or put options on stocks or stock indexes.

You might have noticed that exercising authority over the content of electronic communications – the #9 hot power in the model UPOAA law – is missing from the South Carolina statute. While it’s not considered a hot power, that does not mean that the power is implied and automatic.  If you, as a principal, want to grant this power to your agent, speak with your attorney about including the power explicitly in your POA.

Drafting, Revising, and Reviewing POAs and Other Estate Planning Documents

It doesn’t matter what kind of POA – general or limited/specific, and durable, non-durable, or springing – if you want an agent to have any of those powers listed above, you must list them in the POA expressly.

For help with drafting, revising, or reviewing powers of attorney and other estate planning documents like wills and trusts, call estate planning attorney Gem McDowell. Gem and his team at the Gem McDowell Law Group help individuals and families in South Carolina with customized wills and comprehensive estate plans. An estate plan tailored to you and your family’s unique situation can help protect your assets, give you peace of mind, and avoid family squabbles and other problems in the future.

The Gem McDowell Law Group has locations in Myrtle Beach and Mount Pleasant, SC. Schedule a free consultation with Gem by calling 843-284-1021.