Can a power of attorney change a will?
A power of attorney (POA) is an important legal document and if you wish for someone to make financial or medical decisions on your behalf, it’s essential to have one in place.
And not only that, but it must also be kept up to date should you have a change in circumstances.
You can only create a power of attorney if you have the mental capacity to make that decision for yourself, which is why people are advised to consider creating a POA at an earlier age.
Can A Will Be Changed By A Power Of Attorney
The short answer is yes a Will can be changed by a power of attorney, but only in specific circumstances.
If the person whose will it is no longer has the mental capacity to understand:
- What changing a will means.
- How much the estate is worth or what they own.
- How the changes affect beneficiaries.
The term you might see used in this instance is whether they are of ‘sound mind’ and able to understand why they might need to change their will.
If you have power of attorney and you’re considering making changes to their will, you should carefully consider the impact it might have on them and their beneficiaries.
Seeking expert legal advice from a solicitor is advisable and will ensure that their wishes are considered even if they don’t understand what is happening and why.
However, if they do not have a will and they’re not of sound mind to create one or are unable to do so for whatever reason, the rule of intestacy will take place.
How Do Powers Of Attorney Work?
There are two specific types of Lasting Power of Attorney and it’s common for people to set both up at the same time, and it’s often a part of the process of creating or updating a will.
The two types of LPA are:
- A health and welfare LPA
- Property and financial affairs LPA
A health and welfare LPA allows an attorney to make decisions on life-sustaining medical treatment, medical care, daily routines, and moving into a care home.
A property and financial affairs LPA allows an attorney to make decisions on finances and property. That could be paying bills, collecting pensions and benefits, selling your home, managing bank accounts, and other financial matters.
All powers of attorney must be registered with the Office of the Public Guardian, which your solicitor will handle.
It’s common for people to create a POA when looking at their wills and estate, and it’s often the case that the executor of their will is also the attorney for their POA.
Wills and probate solicitors deal with all things relating to later life, including wills, probate, and power of attorney.
Finding A Power Of Attorney Solicitor Near Me
Choosing a solicitor to handle your will, power of attorney, and any later life planning is an incredibly important decision.
And remember, there’s no such thing as a stupid question – if there’s anything you need to know about wills, assets, estates, tax planning, inheritance tax, and powers of attorney, just ask.
The good news is that at Solicitors Near Me, we’re on hand to help you with your power of attorney requirements – plus any wills and later life planning.
We’ll connect you with an expert solicitor near where you live FREE of charge.
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