If my dad asked my aunt to be his POA to insure that everything would go like he wanted, can she change anything that he told her to do after he passed?

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If my dad asked my aunt to be his POA to insure that everything would go like he wanted, can she change anything that he told her to do after he passed?

Asked on May 2, 2015 under Estate Planning, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Everything depends on the power of attorney.  Many POA's are very generic and don't leave specific details.  If this is the type of POA that your dad made, then she is proper to do anything within the duties listed.  If there is a conflict betweent his verbal instructions and the written document, the document will control.

On a slightly different note, your question makes it appear that she is still acting on the POA after he has passed away.  A POA is usually only good while the person is incapacitated.   After they pass away, the will provisions would then control.  If there was not a will, then you could make an application to have his estate probabated--thereby reducing the control that your aunt has over matters. 

If you want someone to look over what your specific rights are in relation to the documents that do or do not exist, arrange for a consultation with a probate attorney.


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