can a medical power of attorney benefit from a codical to a will

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can a medical power of attorney benefit from a codical to a will

I was set to inherit some property from a friend. She added that as a legal codicil to her will a year ago. 2 weeks before she died, she added another codicil to her will revoking that codicil, instead leaving the property to her medical power of attorney. I don’t believe executors can benefit from codicils, or witnesses…can medical POAs benefit?

Asked on July 28, 2019 under Estate Planning, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Some states (but not all) restrict the ability of an executor of or witness to a will to inherit in order to make sure that they are impartial and do not try to commit fraud (e.g. "witness" that the testator, or person making the will, signed when she did not, because they want to inherit). But because someone with a medical POA has no role in the will itself, there is no restriction on her inheritance; she can inherit.


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