Can a Power of Attorney Change a Will?
No, a power of attorney (POA) cannot change a will. This is a crucial distinction to understand, as the two legal documents serve entirely different purposes. While both deal with managing a person's affairs, their scope is vastly different. Let's break down why a POA cannot alter a will and what each document actually does.
What is a Power of Attorney?
A power of attorney is a legal document that allows one person (the "principal") to grant another person (the "agent" or "attorney-in-fact") the authority to act on their behalf. This authority can cover a wide range of financial and personal matters, depending on the type of POA granted. Common examples include managing bank accounts, paying bills, making healthcare decisions, and selling property. Importantly, a POA is effective only while the principal is still alive and competent. The agent's authority ends upon the death of the principal or if the principal declares the POA revoked.
What is a Will?
A will is a legal document that dictates how a person's assets will be distributed after their death. It names beneficiaries who will inherit specific property or sums of money. A will also often names an executor, who is responsible for carrying out the terms of the will. A will only comes into effect after the death of the testator (the person making the will).
Why a POA Can't Change a Will: Different Purposes, Different Times
The fundamental reason a POA can't change a will is because they operate under completely different legal frameworks and at different times. A POA governs the principal's affairs during their lifetime, while a will dictates what happens to their assets after their death. The authority granted in a POA ceases to exist upon the principal's death, rendering it ineffective in altering a will.
Can a POA Manage Assets After Death?
No, the power of attorney expires with the death of the principal. The executor named in the will takes over the management of assets after the death of the testator. Attempting to use a POA to alter a will or manage assets after death is legally invalid.
What Happens if Someone Lacks Capacity to Amend Their Will?
If someone loses the mental capacity to manage their affairs, including amending their will, a court may appoint a conservator or guardian. This individual, appointed by the court, will have the legal authority to manage the person's finances and make decisions on their behalf, potentially including amending or creating a will. This is a different process entirely from a POA.
How Can I Change My Will?
To change your will, you must execute a new will or a codicil (an amendment to an existing will). This requires you to have the legal capacity to understand what you are doing and to sign the document in the presence of witnesses, as required by your state's laws. Consulting with an estate attorney is always recommended when making changes to your will.
This information is for educational purposes only and should not be considered legal advice. Always consult with a qualified legal professional for advice regarding wills, powers of attorney, and estate planning.
