If the power of attorney is silent as to gift giving then gifting is not allowed. However, the power of attorney can be written to allow your attorney-in-fact to make gift of your assets to other persons. Which is right for you?
In New Jersey, like many other states, it was presumed that the powers granted by a power of attorney did not allow the attorney-in-fact to make gifts of the maker's assets. This is because the attorney-in-fact is a fiduciary and must always act in the best interests of the maker of the power of attorney.
In 2003, by statute, New Jersey clarified that unless the power of attorney contains specific gifting powers, the attorney-in-fact has no ability to make gifts of the maker's assets. Specifically, N.J.S.A. 46:2B-8.13a, states that the power of attorney must contain express and specific authority to allow the gifting of assets.