Can a Power of Attorney Change a Will?
No, a power of attorney (POA) generally cannot change a will. This is a crucial distinction to understand, as the two legal documents serve entirely different purposes. Let's explore this in more detail.
Understanding the Roles of Power of Attorney and Wills
A will is a legal document outlining how a person's assets will be distributed after their death. It dictates who inherits property, bank accounts, and other possessions. It only takes effect after the person's death.
A power of attorney (POA), on the other hand, grants another person (the "agent" or "attorney-in-fact") the authority to make decisions on behalf of the grantor (the "principal") while the principal is still alive. This authority can extend to financial matters, healthcare decisions, or both, depending on the scope of the POA. Crucially, a POA expires when the principal dies.
Why a Power of Attorney Cannot Change a Will
The fundamental reason a POA cannot change a will is because the POA grants authority only while the principal is alive. A will, by definition, only comes into effect upon the principal's death. The agent under a POA has no legal authority to act on the principal's behalf after the principal passes away. Attempting to do so would be considered unauthorized and invalid.
What a Power of Attorney Can Do Regarding Estate Planning
While a POA cannot alter a will, it can play a vital role in estate planning in other ways:
- Managing assets: A POA can manage the principal's finances, pay bills, and ensure the smooth operation of their affairs while they are alive. This can be particularly important if the principal becomes incapacitated.
- Preparing for incapacity: A well-drafted POA can ensure that someone is legally authorized to manage the principal's affairs if they become mentally or physically unable to do so themselves. This can prevent legal battles and delays in managing essential matters.
- Facilitating estate planning: A POA can be used to authorize an agent to assist the principal in updating their will, transferring assets, or taking other steps to organize their estate. However, the agent cannot change the will itself; the principal must still personally sign any amendments.
Can a Power of Attorney Access or Manage a Will?
No, a POA does not grant access to or control over a will. The will is a separate legal document held usually by a lawyer or a designated person. While the agent might be aware of the existence of the will, they have no legal authority to change or access its contents.
What Happens If Someone Tries to Use a Power of Attorney to Change a Will?
Any attempt to alter a will using a POA would be legally invalid. The will would remain unchanged, and any actions taken by the agent attempting to circumvent this would likely be challenged in court.
How Can a Will Be Changed?
A will can only be legally changed by the testator (the person making the will) through a formal amendment called a codicil, or by creating an entirely new will. This requires the testator to have the legal capacity to understand their actions.
In summary, the power of attorney and a will are distinct legal instruments. A POA helps manage affairs while the principal is alive, while a will dictates asset distribution after death. A POA cannot change a will. If you need to alter your will, you must do so yourself while you have the legal capacity, or seek legal advice for assistance.
