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

UPDATED: Oct 2, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years 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.

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 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.

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