can a full power of attorney do a will for someone who is unable

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

can a full power of attorney do a will for someone who is unable

I am full power of attorney for my brother who has no will.

Asked on May 3, 2017 under Estate Planning, Virginia

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

A Will must be signed by the person who is making it (known as the "testator").. A power of attorney has no authority to do that under the law. The reason is that a testator must be mentally competent at the time their Will is executed. If your brother dies without a Will this means that he will pass "intestate". Accordingly, the intestacy or "succession" laws of the state in which he is domiciled as of the date of his death will control, so his heirs will inherit.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

No, a power of attorney does not let you create a will for another person, even an incompetent one. If your brother is mentally competent but has communications issues, there are ways to do and have him execute a will anyway; consult with a probate law attorney. But if he is simply incompetent, you cannot create a will for him, and when he passes, his property will pass by intestate succession (if your parents are deceased and he has no spouse or children, it should go to you as his brother).


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption