Can the Power of Attorney Change a Will?
The creation of a will is a crucial step in estate planning, ensuring that one’s assets are distributed according to their wishes after their passing. However, the question arises: can the power of attorney change a will? This article delves into this topic, exploring the role of a power of attorney and its impact on a will.
Understanding Power of Attorney
A power of attorney is a legal document that grants someone (the attorney) the authority to make decisions on behalf of another person (the principal) in case they become incapacitated or unable to make decisions for themselves. There are two types of power of attorney: durable and non-durable.
Durable Power of Attorney
A durable power of attorney remains effective even if the principal becomes incapacitated. This type of power of attorney is often used in estate planning, allowing the attorney to manage the principal’s financial and legal affairs. However, the question remains: can the power of attorney change a will?
Can the Power of Attorney Change a Will?
In most cases, a power of attorney does not have the authority to change a will. A will is a legally binding document that outlines the distribution of a person’s assets after their death. The creation and modification of a will are typically reserved for the person who owns the assets and has the legal capacity to make such decisions.
Exceptions to the Rule
While a power of attorney generally cannot change a will, there are a few exceptions:
1. Springing Power of Attorney: In some cases, a springing power of attorney may be used. This type of power of attorney becomes effective only if the principal becomes incapacitated. If the principal becomes incapacitated and has a springing power of attorney, the attorney may be able to change the will on the principal’s behalf, provided they have the necessary authorization.
2. Joint Wills: If the principal and the attorney have created a joint will, the attorney may have the authority to make changes to the will. However, this is a rare situation and should be clearly stated in the joint will.
3. Revocation: If the principal has granted the power of attorney the authority to revoke or change the will, the attorney may do so. This authority must be explicitly stated in the power of attorney document.
Conclusion
In summary, a power of attorney generally does not have the authority to change a will. The creation and modification of a will are typically reserved for the person who owns the assets and has the legal capacity to make such decisions. However, there are a few exceptions, such as springing power of attorney, joint wills, and explicit authorization to revoke or change the will. It is crucial to consult with an attorney to understand the specific provisions of the power of attorney and its impact on the will.
