Can a Power of Attorney Change a Will?

Regarding critical legal forms for elder care and estate planning, a power of attorney (also called POA) is one of the most important. It is an essential document, like wills and trust documents, as it allows for arranging one’s affairs. In short, the POA-assigned person cannot change a properly written will. However, the one with that power can set various monetary changes and changes surrounding estate assets.

What Is a Power of Attorney in Law?

It is where you assign someone the authority to make legal decisions for you—you can give them financial power, for property, medical decisions, and any other decisions you would have. Any decision a POA makes counts as if you would make it yourself. In most scenarios, this power is given with limited authority. That is, you grant someone general power of attorney for specific things.

For example, the IRS requires you to file your taxes personally, and no one else can do it instead of you. However, granting your tax preparer the POA when they file your taxes will count just like you have done them yourself. This is a widespread practice, and it is essential to note that their POA is limited to only paying the taxes and not signing contracts, selling your house, or anything else in your name.

POA can be either durable or limited. Durable power remains in effect during your life or until you decide to cancel it, while little power is tied to a specific date or event. There are three types of power of attorney:

1. General Power

The person assigned this type of POA can make just about any decision for you. This general power is often granted to a trusted family member or even a long-time friend if you are incapacitated or unreachable.

2. Special Power

Allows the person to act on behalf of you in unusual situations. It is minimal and can be one-time or multiple uses if specified. This power can only be valid if the conditions stated in a power of attorney are met as stated, which is why this is usually a limited type of power.

3. Medical Power

This power allows the person to make health-related decisions for you once you become incapacitated, and it is also referred to as power of attorney for health care. With this power, you grant the person the option to choose which doctors, treatments, and health care facilities will assist them.

POA Cannot Change the Will

While the person you assign POA to can do all kinds of things depending on the type of power you give them, they still cannot change your will as long as it is valid. To have a valid written will, you must be of sound mind, fill out a power of attorney form, and submit it to the court, where they will determine if it is a valid legal document. There are exceptions where a POA can challenge the validity of a will, which is a complex process.

Hire an Experienced Attorney for Legal Consultations

When it comes to laws, it is always best to hire someone with experience with them and who has been dealing with different legal situations for years, such as Gioffre Schroeder & Jansky attorneys and counselors at law. They can easily guide you through everything you need to know about a power of attorney and provide valuable legal advice.

Visit our website or call (216) 771-1144 today for more information.