Can a person given legal POA for personal/financial matters execute a Will and/or change a beneficiary on an insurance policy on behalf of the person who granted the POA?

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Can a person given legal POA for personal/financial matters execute a Will and/or change a beneficiary on an insurance policy on behalf of the person who granted the POA?

Asked on July 22, 2013 under Estate Planning, Maryland

Answers:

Nathan Wagner / Law Office of Nathan Wagner

Answered 8 years ago | Contributor

The Power of Attorney does not give the attorney-in-fact the power to execute a will. Only the person themself can create a will (however, if the person is physically unable to sign a will, he or she can direct someone else to sign for them). A Power of Attorney could allow the attorney-in-fact to change the beneficiary of an insurance policy, depending upon which specific powers were granted. 


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