Can a person with a poa change someone’s will
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a person with a poa change someone’s will
My mother has signed a poa for her neice. The
Neice has never been around kne fire. Can the
poa change her will
Asked on August 8, 2017 under Estate Planning, Mississippi
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
A power of attorney does not award the agent (i.e. the person holding the POA), the right to change the principal's Will (i.e. the person who gave them the POA). While a POA gives the agent the power to make financial, medical and most legal decisions, it does not give them the right to change the principal's Will. That having been said, the principal does not have to be physically capable of writing the changes or of signing them, they can direct the agent (or anyone else) to do so. Further, if the agent signs the Will on the principal’s behalf, the principal must be conscious and watch the agent sign.
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
A power of attorney does not award the agent (i.e. the person holding the POA), the right to change the principal's Will (i.e. the person who gave them the POA). While a POA gives the agent the power to make financial, medical and most legal decisions, it does not give them the right to change the principal's Will. That having been said, the principal does not have to be physically capable of writing the changes or of signing them, they can direct the agent (or anyone else) to do so. Further, if the agent signs the Will on the principal’s behalf, the principal must be conscious and watch the agent sign.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.