If I have my father’s full POA, can I change his Will?

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If I have my father’s full POA, can I change his Will?

There are some things that need changed in my father’s Will that he seems unwilling to do. He does not have money so this is not what this is about. It is regarding a car I purchased for him. All I want to do is have the will to read that the car goes into the estate and divided equally between his children and not to go to just one of his children. Is there specific wording I need to look for in the POA that would indicate I would have the authority to do this? I was able to list his home for sale without him.

Asked on May 14, 2012 under Estate Planning, Ohio

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

No, no, no, no, no.  A POA does NOT have the power to change or execute a Will.  And you have no right to tell your Father how he is to leave property titled in his name.  Children do NOT have an absolute right to be beneficiaries of their parents estate. And if you do anything that is against his wishes with the house you could be held personally responsible. 


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