If my brother and I are power of attorney of our father, can we make changes to his Will about the property that he owns?

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If my brother and I are power of attorney of our father, can we make changes to his Will about the property that he owns?

Asked on January 26, 2015 under Estate Planning, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

No, a power of attorney does not give someone the power to make or change a will for another person. Only the person himself--assuming that he is mentally competent at the time--can make or revise a will. The POA may, depending its terms, give you the power to dispose of his property now, while he is alive--though if you do not act for his benefit, you could face liability, including potentially criminal liability--but that power does nto extend to the disposition of his property after he passes.


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