Monday, 2 February 2015

Does a power of attorney have authority to change what happens to assets listed in a will after said person is deceased?

Question

Does a power of attorney have authority to change what happens to assets listed in a will after said person is deceased?



Answer

No.

John



Answer

While I would need to see the power of attorney document, some powers of attorney will permit the agent to engage in tax planning and make gifts while the principal is alive. However, in no cases can the attorney change the dispositions set forth in a person's will. Once a person dies, a power of attorney's duties are at and end other than to provide an accounting for the estate.



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