30 Dec Can Someone with Power of Attorney Change a Will?
Naming a power of attorney can be a wise step to take. If you are ever incapacitated by an illness or injury, they will be able to do things like pay your bills or receive information about your medical condition, depending on the terms of your contract.
However, many people are hesitant to appoint a power of attorney, because they’re not sure what that person will be able to do. How much control does a power of attorney gain over your life? Would they be able to do things like alter your will or make changes to your trust?
What Does a Power of Attorney Do?
You can give your POA agent the authority to do anything you could do. However, the amount of power you grant them is entirely up to you. Typically, people grant their agent permission to do things like pay bills, manage investments, or view their medical records. But it all depends on the terms set out in the power of attorney document. They will be legally bound to follow your guidelines, boundaries, and limitations.
There are several different types of power of attorney available in Arizona:
- General Power of Attorney
- Special Power of Attorney
- Parental Power of Attorney
- Life Care Planning (Healthcare Power of Attorney)
For example, military personnel might use a parental power of attorney to give their agent authority over their children while they are deployed overseas. With a healthcare power of attorney, you can appoint a health care proxy and leave detailed instructions regarding your medical care and the actions your agent is allowed to take. Or you could use a special power of attorney to give someone else permission to handle your finances if you are ever unable.
But regardless of the type of power of attorney, your agent is legally obligated to follow your instructions and to act in your best interests. The amount of power you grant them is up to you. So when it comes to choosing a power of attorney, make sure to select a trustworthy person who will always put your welfare first.
Can a Power of Attorney Change a Will?
No, a power of attorney is not permitted to make any changes to a will.
However, they could contest it. If your will is not legally valid, they can challenge it in court. For example, if you wrote a will but did not have it witnessed, it is not legally valid in Arizona. Or, if one of the witnesses is named as a beneficiary, the will is also invalid.
They can also contest the will for other reasons. For instance, if they believe that your will was written when you were not of sound mind, or that you made changes to your will because you were being pressured by someone, they can contest it in court.
Can a Power of Attorney Change a Living Trust?
Yes, but only if you grant them that ability.
No matter which type of power of attorney you choose, you can specify the exact terms of the agreement. For example, giving someone your financial power of attorney gives them the right to manage your financial affairs on your behalf. They can do things like pay your mortgage or your taxes if you are ever incapacitated.
However, unless you specifically state in the POA document that your agent is allowed to manage your living trust, they will not be able to make any changes to it. They cannot change your trust’s beneficiaries or its terms of distribution unless you have granted them permission to do so.
Trusted Estate Planning Attorneys in Mesa and Scottsdale
If you have questions about appointing a power of attorney, why not meet with an expert who can explain everything you need to know? At Phelps LaClair, estate planning is all we do, and we’ve been doing it for over 40 years. We are committed to building lifetime relationships with our clients, and finding exactly the right solutions for their specific needs and goals. Find out for yourself what makes us the best—contact us to schedule a free consultation today.
Photo by Tim van der Kuip on Unsplash used with permission under the Creative Commons license for commercial use 12/18/24.