Does a person with Power of Attorney have the right to write a new Will for the person he has POA for?

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Does a person with Power of Attorney have the right to write a new Will for the person he has POA for?

Asked on August 6, 2011 Texas

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Power of Attorney does NOT give one the power to write a new Will.  This would result in fraud, undue influence, and a conflict of interest. 

In order to make a Will, the person has to have testamentary capacity which means the person has to be mentally competent.

A conservator can write a Will for the conservatee ( the person who is the subject of the conservatorship) but only if authorized by court order.


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