Can a person given a Power of Attorney override the grantor’s Will?

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Can a person given a Power of Attorney override the grantor’s Will?

From the Internet, the general answer seems to be “no, a POA ends upon the testator’s death” but I need to verify that this is also true.

Asked on March 21, 2014 under Estate Planning, Kentucky

Answers:

Anne Brady / Law Office of Anne Brady

Answered 7 years ago | Contributor

Yes, this is true -- a POA ends upon the testator's death.  The POA therefore has no power over how the testator's assets are divided after death, according to the terms of his will.  If this individual is still alive and wants to really be sure his assets pass according to his wishes, he should consider setting up a revocable living trust.  He can choose while alive who the beneficiaries are of the trust, and the assets and money in the trust will pass to those beneficiaries after his death outside of probate, like life insurance proceeds do.  


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