When planning your estate, a power of attorney (POA) is a vital tool to ensure your affairs are managed if you become unable to do so. 

What Is a Power of Attorney?

A power of attorney is a legal document that authorizes someone you trust—called an agent—to handle your financial, legal, or medical decisions if you’re incapacitated. This person could be a family member, friend, or anyone you designate.

You can also appoint multiple agents to share responsibility as co-agents.

Different Types of Power of Attorney

• General Power of Attorney: Gives broad authority over your financial and legal matters.

• Limited Power of Attorney: Restricts the agent’s powers to specific tasks or limited time periods.

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

• Medical Power of Attorney: Empowers the agent to make healthcare decisions on your behalf.

Can a Power of Attorney Change a Will?

Simply put, a power of attorney cannot change your will.

Your will is a separate legal document that requires you to be mentally competent when signing. Even though an agent can act on your behalf while you’re alive, they have no legal right to alter or rewrite your will. Any such changes made by an agent would be invalid in court.

How Can a Power of Attorney Impact Your Estate?

While an agent can’t modify your will, they can control your assets and financial decisions during your incapacity. This might affect the size or value of your estate and influence what your heirs ultimately receive. For example, an agent might sell investments or use funds for expenses, which can reduce your estate’s overall value.

Preventing Power of Attorney Abuse

To protect your estate, consider these precautions:

• Select a trustworthy agent.

• Clearly outline your intentions in the POA document.

• Name co-agents to provide checks and balances.

• Require regular updates or financial reports from the agent.

• Limit the agent’s powers where necessary.

Why You Should Consult an Estate Planning Attorney

Power of attorney documents can be complex. While a POA can’t change a will, improper handling of your finances can still harm your estate. An experienced attorney will help craft a power of attorney tailored to your needs and safeguard your assets.

At the Law Offices of Mary E. King, we guide clients through estate planning to ensure their wishes are respected and their assets protected, no matter their financial situation.

In Conclusion

Can a power of attorney change a will? No. However, an agent’s decisions can affect your estate’s financial health. Choosing the right agent and setting clear limits is essential to preserving your legacy.

For professional help with power of attorney and estate planning, contact the Law Offices of Mary E. King. Protect your family’s future with a personalized estate plan.