Can a Power of Attorney Change a Will?
The short answer is: generally, no. A power of attorney (POA) and a will serve distinct legal purposes, and a POA generally does not grant the authority to alter a will. This is a crucial distinction to understand, as it impacts estate planning and end-of-life decisions significantly. Let's delve deeper into the specifics.
What is a Power of Attorney?
A power of attorney is a legal document that authorizes one person (the "agent" or "attorney-in-fact") to act on behalf of another person (the "principal") in specified matters. This authority is typically granted while the principal is still alive and competent. POAs can be limited to specific tasks (e.g., managing finances) or broad, covering a wide range of decisions. There are two main types:
- Durable Power of Attorney: This remains in effect even if the principal becomes incapacitated.
- Non-Durable Power of Attorney: This terminates if the principal becomes incapacitated.
What is a Will?
A will is a legal document that outlines how a person's assets will be distributed after their death. It specifies beneficiaries, executors, and other instructions related to the distribution of property and possessions. A will only comes into effect after the death of the testator (the person making the will).
Why a Power of Attorney Cannot Typically Change a Will
The core reason a POA cannot typically alter a will is that the authority granted in a POA is limited to actions taken during the principal's lifetime. A will, by its nature, only takes effect after the principal's death. The agent acting under a POA does not inherit the authority to make decisions regarding the distribution of assets once the principal is deceased. That authority rests solely with the executor named in the will, or, if there is no will, with the court.
Can a Power of Attorney Manage Assets Before Death That Affect a Will?
While a POA cannot directly change a will, the agent can manage the principal's assets during their lifetime. These actions can indirectly affect what assets are available for distribution according to the will after death. For example, the agent could:
- Sell property: This changes the assets available for inheritance.
- Make financial investments: This impacts the value of the estate.
- Pay debts: This reduces the assets available for distribution.
What if the Will is Contested?
Even if a POA couldn't change the will, a will can still be contested in court after the death of the testator. Grounds for contesting a will typically involve claims of undue influence or lack of testamentary capacity (the testator not being of sound mind when creating the will). The actions of an agent under a POA might become relevant if a court needs to investigate claims of undue influence, particularly if the agent was also a beneficiary in the will.
What Happens if There's No Will?
If someone dies without a will (intestate), the distribution of their assets is determined by the laws of the state where they resided. A POA has no bearing on this process.
Should I Have Both a Power of Attorney and a Will?
Absolutely. A power of attorney and a will are complementary legal documents. The POA protects your interests while you're alive and capable of making decisions; the will dictates what happens to your assets after you're gone. Having both is crucial for comprehensive estate planning.
This information is for educational purposes only and does not constitute legal advice. It is essential to consult with an estate planning attorney for personalized guidance regarding your specific situation.
