Can a Poa Change a Will​?

A Power of Attorney (POA) does not have the authority to change a will. A POA grants someone the power to act on another person’s behalf in financial, medical, or legal matters. However, a POA becomes invalid upon the principal’s death and cannot make changes to legal documents like a will after that time. In fact, the power to modify a will can only be exercised by the person who created it (the testator) while they are still alive and of sound mind.

Let’s break it down further:

What is a Power of Attorney (POA)?

A Power of Attorney is a legal document that allows a person (the “principal”) to appoint another person (the “agent” or “attorney-in-fact”) to make decisions on their behalf in specific situations. These situations can range from financial matters, like paying bills and managing investments, to medical decisions, such as consenting to treatment if the principal is incapacitated.

However, a POA is a limited document, and its powers do not extend to matters related to estate planning, such as altering a will. This distinction is crucial to understand, as individuals may confuse the roles of these legal documents.

Can a POA Modify a Will During the Principal’s Lifetime?

The short answer is no. A Power of Attorney cannot change a person’s will during their lifetime. A will is a personal, written declaration of how a person wants their property and assets distributed after their death. The principal must be of sound mind and capable of making changes to their will.

While an agent under a POA can make certain financial decisions on behalf of the principal, they cannot make changes to the principal’s estate planning documents, including the will. Only the person who created the will (the testator) has the authority to modify it while they are still alive.

What Happens to a POA After Death?

A Power of Attorney is automatically revoked upon the principal’s death. This means that the agent no longer has the authority to act on behalf of the deceased person. At that point, any further decisions related to the person’s estate, including modifying the will, will be handled by the executor named in the will, or if no will exists, by the court-appointed administrator.

Who Can Change a Will?

The only person who can modify a will is the testator, the person who created the will, as long as they are mentally competent. To make changes, the testator must create an amendment (called a codicil) or draft a new will entirely. Both of these must be executed in accordance with the legal requirements of the state, which typically includes witnessing the document and ensuring the testator has the capacity to make such changes.

Can a POA Impact Estate Planning?

While a Power of Attorney cannot change a will, it can play a significant role in estate planning by handling financial and health-related matters during the principal’s lifetime. For instance, if the principal becomes incapacitated and cannot manage their own affairs, the agent under the POA can ensure that bills are paid, investments are managed, and medical decisions are made in line with the principal’s wishes.

A Power of Attorney is often used in tandem with other estate planning documents, like a living trust or healthcare directives, but it does not extend to modifying a will.

When Should a POA Be Updated or Revoked?

If changes to a will are needed, it’s advisable for the principal to update their will while they are still capable of doing so. This ensures that their wishes are accurately reflected. Additionally, if the principal changes their mind about who holds their POA, it should be updated or revoked to reflect the current state of their preferences.

As for the will, periodic updates may be necessary in response to significant life changes, such as marriage, divorce, birth of children, or major financial shifts.

In conclusion, a Power of Attorney does not have the authority to alter a will. The ability to modify a will lies solely with the testator during their lifetime, and the POA does not extend to posthumous decisions. For changes to a will, the principal must take the necessary steps themselves or seek legal assistance.