Can person with power of attorney Change will ?

A Power of Attorney and a Will are two of the most important legal documents when it comes to estate planning matters. However, people often ask a common question: can someone with Power of Attorney change a Will? The answer is complex and dependent on many legal factors; let’s dig deeper into this question.

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Understanding Power of Attorney and a Will

Let’s discuss whether a person holding Power of Attorney can change a Will. To do so, we need first to understand what each of these documents entails.

Power of Attorney (POA): Power of attorney is a legal document whereby one person, the principal grants powers to another, known as the agent to make decisions on their behalf. The document can confer varied or general and specific powers upon the agent. There can be many arrangements that can be done by a power of attorney such as financial, health, or even legal decisions.
A Will is a legal document that gives details of how a person’s estate will be given out after their death. It describes who gets what the decedent has in their property and assets. Besides these, it can also detail arrangements concerning guardianship of minors, funerals, and others. A Will becomes operational only when the person creating it dies.

The Power of Attorney and Wills: Can They Be Changed?

A Power of Attorney allows someone to act on behalf of another person in many ways, but it does not automatically give him or her the right to alter or change a Will. Probably the most important difference is that a Power of Attorney only comes into effect during the lifetime of the principal, whereas a Will only comes into effect after the death of the person.
This means that a person with Power of Attorney cannot change the terms of a Will, except in quite specific conditions.

Why Can’t a Power of Attorney Alter a Will?

The main reason a Power of Attorney cannot change a Will is because of the purpose that both documents serve. A POA grants authority to act on behalf of someone during his lifetime, while a Will governs the distribution of a person’s estate after death. The two serve different purposes:
Lifetime vs. After Death: The use of a Power of Attorney is during the lifetime of the principal, and only after his death can one get a Will. POA authority becomes nullified the moment the principal dies, so after that date, he has no say in any decisions on his Will.
Legal Purpose: A Will expresses a person’s intentions about how an estate will be disposed at the time of death. To allow that person to amend the Will would defeat that person’s desires and would more than likely leave it in shambles with possible lawsuits to sort through when they are gone. This is why changing a Will, if someone becomes incapacitated, is given to that individual or, through court decree, the individual or corporation appointed to take care of and manage his estate, now considered incapacitated.

Can a Person with Power of Attorney Change a Will Under Certain Circumstances?

Although a rule of thumb suggests that a person having a Power of Attorney can neither amend nor revoke a Will, there are certain special instances under which they could indeed undertake the activity. However, it rarely happens and normally is allowed when courts intervene. These examples are as follows: 1. The principal has become mentally incapacitated:
If the testator loses his or her mental capabilities, becomes incapacitated, and, therefore,is unable to manage his or her estate any longer, a court could allow a guardian or conservator who change the Will. In some very rare circumstances, if the agent with POA has been granted the power to amend estate planning documents, which would include the Will, then he may be able to obtain permission to do so from the court. This is not usual, however, and his authority to amend would be very circumscribed and much scrutinized.
2. Whenever the Principal grants his or her agent the authority to revocation of the Will, and also modification of the will’s provisions, which occurs rarely; there is a requirement of a particular express grant within the POA document. It, however, should be noted that such is a very uncommon form of clause, and therefore will only be applicable in distinctive scenarios only. But of course, it’s also relevant to note that the jurisdiction rule may apply to such provision in case the residence is of the principal.

3. Undue Influence or Fraud
Even when there exists Power of Attorney over such specific assets over that particular individual the law would then deem as nullifying Will or parts thereof if some third party had placed undue influence over will or was using fraudulence while composing it. Still, it would not confer on a person with POA the ability to alter the will but will enable a cause of action by those persons interested- family members and other heirs- against someone with Power of Attorney who made fraudulent use of a particular instrument.

The Role of Executors in Changing a Will

A person is tasked to administer a Will after the decedent’s death, performing duties of executing the instructions outlined in the Will. Such duties include managing the estate, dispersing assets, and liquidation of debts, all the while adhering to the will made by the decedent.
A person holding Power of Attorney is not an executor and can only act as such unless specifically designated in the Will. POA grants authority in a person’s lifetime but is only for the same, thus cannot extend to duties completed after a person’s death such as the execution of a Will.

What if a Will Must Be Changed?

One may amend his Will even while still alive; he or she may do this himself or herself or through the attorney. One of the common reasons for updating one’s Will is the change of the family relationship, like getting married or divorced or bearing children, among others, or it could simply be because of a personal preference.
To make the changes effective in law, the individual is typically required to comply with the law that governs the alteration of a Will in their state. Typically, this will involve creating a codicil-a supplement to the existing Will-or an entirely new Will, signed and witnessed following the law of the state.

Conclusion: Can an Individual with Power of Attorney Modify a Will?

In summary, a person with Power of Attorney cannot change a Will. A Power of Attorney allows someone to act on another person’s behalf while they are alive, but it does not extend to altering or executing their Will after their death. Changing a Will requires the individual to do so personally or through a court-appointed representative if they are incapacitated.

Your Will must be reviewed and updated on regular periods, in which the actual intention would reflect your present wish, while the Power of Attorney is adjusted according to the goal set in making the estate planning. Get legal counsel in executing proper estate planning documents so as to respect the will imposed by the law.

It’s just that in understanding how Power of Attorney differs from a Will and what a POA agent can and cannot do, you will then be able to ensure that the management and distribution of your estate according to your intention.