The Short Answer

Sometimes—but not automatically. In Pennsylvania, an agent under a power of attorney generally cannot create or change beneficiary designations on life insurance, annuities, or retirement accounts unless the power of attorney specifically authorizes that authority in the way Pennsylvania law requires.

Because beneficiary changes can dramatically alter who receives assets at death (often outside probate), these situations are frequently challenged and should be reviewed by a Pennsylvania probate attorney before any change is attempted.

What Pennsylvania Law Says

In Pennsylvania, beneficiary designations on life insurance and many employee/retirement death benefits are generally treated as non-testamentary transfers—meaning they typically pass by contract to the named beneficiary and are not controlled by the person’s will. That makes beneficiary designations powerful, and it also means changing them can have major estate and family consequences.

The Statute

The primary law governing this issue is 20 Pa.C.S. § 5603.

This statute establishes that even when a power of attorney grants broad authority over insurance/annuity or retirement plan transactions, the agent has no power to create or change a beneficiary designation unless that authority is specifically authorized as required by Pennsylvania law.

Relatedly, Pennsylvania also provides that beneficiary designations for life insurance and employee death benefits are not treated like will provisions and generally are not governed by will-transfer rules. See 20 Pa.C.S. § 6108.

Why You Should Speak with an Attorney

While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:

• Strict Authority Requirements: Under 20 Pa.C.S. § 5603, beneficiary changes are treated as a special category of authority; many “general” POAs are not enough, and financial institutions often scrutinize (or reject) forms that don’t meet the statutory requirements.
• Burden of Proof: If a beneficiary change is made shortly before death or during incapacity, surviving family members commonly allege lack of authority, undue influence, or incapacity—creating an evidence-heavy dispute about intent and validity.
• Exceptions and Overlapping Rules: Beneficiary designations often operate outside probate under 20 Pa.C.S. § 6108, and retirement accounts may also involve plan rules and federal law overlays. A change that seems “simple” can trigger litigation or an institution freeze.

Trying to handle this alone can lead to rejected paperwork, a contested estate, or a beneficiary designation being set aside after death—exactly when your family can least afford uncertainty.

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Disclaimer: This article provides general information under Pennsylvania law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.