I wanted to know if someone who has power of attorney can make a change to a Will?

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I wanted to know if someone who has power of attorney can make a change to a Will?

Do they have the right to take someone out of receiving what is marked in the Will for that person to get? If the Will states the house is divided in half can that P of A change it so the other party will not be allowed to inherit it?

Asked on May 11, 2011 under Estate Planning, New Jersey

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

No, no, no.  Power of attorney has no right to make or alter the Last Will and Testament of a person.   So if that was done then you need to make sure that the original Will - or a copy - is in a very safe place.  But here is what can indeed happen. If the person has a general power of attorney that lets them transfer assets, etc., they can try and sell the asset so that it no longer exists when the testatorpasses away.  If you suspect that POA is overstepping their bounds then I would do something about it.  Either tell the person for whom the POA is in effect so that they can revoke the POA.  Or if that is not possible then seek legal help in taking a more in depth approach to protecting the testator and his or her assets.  Good luch. 


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