Can a Power of Attorney Change a Will

Can a Power of Attorney Change a Will? The power of attorney holds significant importance in estate and elder care planning.

It, along with wills and trust documents, plays a crucial role in organizing one’s affairs.

While a power of attorney cannot alter a well-drafted will, it does grant the authority to manage various assets associated with the estate. Here’s a brief explanation of how it operates.

Can a Power of Attorney Change a Will

Can a Power of Attorney Change a Will

A power of attorney does not have the authority to alter a will. It is a legal document that grants someone else the power to make decisions on your behalf if you become incapacitated.

On the other hand, a will outlines your wishes for your assets after your death.

These two documents have distinct purposes and cannot override each other. If you wish to modify your will, you must create a new will or make amendments to the existing one.

The power of attorney cannot be used to change your will.

However, there are actions that an agent with power of attorney can take which might indirectly impact your will.

For instance, the agent could sell or transfer assets specified in your will, leading to a change in the distribution of your assets upon your death.

Before granting power of attorney to your chosen agent, it is crucial to have a discussion regarding your estate planning goals.

This ensures that they fully comprehend your desires and will act in your best interests.

Facts to keep in mind about power of attorney and wills

  • The principal has the authority to revoke a power of attorney at any time.
  • The testator can change or revoke a will at any time.
  • If a principal passes away without a will, the laws of intestacy will govern the distribution of their assets.