If a Will is made in one state and the person is moved to another state, can the Will be changed by a POA?

Asked on July 27, 2018 under Estate Planning, Indiana

Answers:

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

Answered 2 years ago | Contributor

A power of attorney does not award the "agent" (i.e. the person who was given the power), the right to change the Will of the "principal" (i.e. the person who gave the power). However, it does give the agent broad powers that could  potentially be abused. So while changes directly to a Will can't be made, a POA may give the agent the ability to turn the Will and testament into a useless document by liquidating assets intended to pass to beneficiaries, such as selling property, retitling property/accounts, etc.

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

Answered 2 years ago | Contributor

A power of attorney does not award the "agent" (i.e. the person who was given the power), the right to change the Will of the "principal" (i.e. the person who gave the power). However, it does give the agent broad powers that could  potentially be abused. So while changes directly to a Will can't be made, a POA may give the agent the ability to turn the Will and testament into a useless document by liquidating assets intended to pass to beneficiaries, such as selling property, retitling property/accounts, etc.


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