Planning your estate is essential to ensure your wishes are honored if you become unable to manage your affairs. One important tool many use is a power of attorney (POA). But a common question arises: can a power of attorney change a will? Let’s break down what a power of attorney is, how it works, and its limits concerning your will.

What Is a Power of Attorney?

A power of attorney is a legal document that lets you appoint a trusted person—called an agent—to act on your behalf in managing your financial, legal, or medical matters if you become incapacitated. This person can be a family member, friend, or anyone you trust.

You can appoint more than one agent, known as co-agents, to share responsibilities.

Types of Power of Attorney

• General Power of Attorney: Grants broad powers over your finances and legal matters.

• Limited Power of Attorney: Restricts authority to specific tasks or time periods.

• Durable Power of Attorney: Remains effective if you become incapacitated, usually covering financial decisions.

• Medical Power of Attorney: Authorizes someone to make healthcare decisions for you.

Can a Power of Attorney Change a Will?

The direct answer is: No, a power of attorney cannot change your will.

A will must be signed by a person of sound mind, and the agent’s authority under a POA does not include the power to alter or rewrite your will. Any attempt by an agent to change the will without your consent is legally invalid.

How Can a Power of Attorney Affect Your Estate?

Although a POA agent can’t change your will, they do have control over your assets and financial matters while acting on your behalf. This means they can make decisions that impact your estate’s value and, ultimately, the inheritance your beneficiaries receive. For example, they might use funds or sell assets to cover expenses, which can reduce what is passed on.

Protecting Against Power of Attorney Abuse

To minimize risks, consider these steps:

• Choose an agent you trust completely.

• Clearly outline your wishes in your POA document.

• Appoint co-agents to provide oversight.

• Require regular reports of the agent’s actions to an attorney or trusted party.

• Limit the powers granted to your agent as needed.

Why Work with an Estate Planning Attorney?

Power of attorney documents are powerful but complex. While a POA can’t change your will, mismanagement can still affect your estate. An experienced attorney can help draft your POA to protect your interests and prevent abuse.

At the Law Offices of Mary E. King, we specialize in creating estate plans that protect your assets and ensure your wishes are respected, regardless of your financial situation.

Summary

Can a power of attorney change a will? No. However, the agent’s decisions under a POA can influence your estate’s financial health. Choosing the right agent and setting clear limits is key to safeguarding your legacy.

For expert assistance with your power of attorney and estate planning needs, contact the Law Offices of Mary E. King. Protect your family’s future with a plan tailored to you.