Can a person with a poa change someone’s will

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Can a person with a poa change someone’s will

My mother has signed a poa for her neice. The
Neice has never been around kne fire. Can the
poa change her will

Asked on August 8, 2017 under Estate Planning, Mississippi

Answers:

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

Answered 3 years ago | Contributor

A power of attorney does not award the agent (i.e. the person holding the POA), the right to change the principal's Will (i.e. the person who gave them the POA). While a POA gives the agent the power to make financial, medical and most legal decisions, it does not give them the right to change the principal's Will. That having been said, the principal does not have to be physically capable of writing the changes or of signing them, they can direct the agent (or anyone else) to do so. Further, if the agent signs the Will on the principal’s behalf, the principal must be conscious and watch the agent sign.

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

Answered 3 years ago | Contributor

A power of attorney does not award the agent (i.e. the person holding the POA), the right to change the principal's Will (i.e. the person who gave them the POA). While a POA gives the agent the power to make financial, medical and most legal decisions, it does not give them the right to change the principal's Will. That having been said, the principal does not have to be physically capable of writing the changes or of signing them, they can direct the agent (or anyone else) to do so. Further, if the agent signs the Will on the principal’s behalf, the principal must be conscious and watch the agent sign.


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