In N.C., can daughter with power of attorney prevent someone from having her mother create another will?

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In N.C., can daughter with power of attorney prevent someone from having her mother create another will?

In North Carolina, Mother is physically feeble and in nursing home. She has 2 daughters and 1 son. She gave power of attorney to the 2 daughters. Has no will yet. Daughters preparing for her a will to sign that shall be witnessed and stamped by notary public.

Can son bypass the daughter’s power of attorney in an attempt to get mother to create another will afterwards?

Asked on February 21, 2017 under Estate Planning, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

A power of attorney does not let someone control the principal (person granting the power) or prevent them from creating or signing a will (or contract or another POA--i.e. from creating or signing any legal document). As long as your mother is mentally compentent and does it of her own free will, she can create a will--even if it's a bad idea for her. If not mentally competent, or if tricked or coerced into making the will, it is possible that the will could be challenged on those grounds.


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