Does a person with Power of Attorney have the right to write a new Will for the person he has POA for?
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Does a person with Power of Attorney have the right to write a new Will for the person he has POA for?
Asked on August 6, 2011 Texas
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Power of Attorney does NOT give one the power to write a new Will. This would result in fraud, undue influence, and a conflict of interest.
In order to make a Will, the person has to have testamentary capacity which means the person has to be mentally competent.
A conservator can write a Will for the conservatee ( the person who is the subject of the conservatorship) but only if authorized by court order.
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