Can You Change a Will Using Power of Attorney?

By A.L. Kennedy

A power of attorney document gives the person you choose the power to make financial, medical and legal decisions for you if you become incapacitated, according to the 'Lectric Law Library. However, your power of attorney cannot change your will for you in any U.S. state, since all 50 states require you to have the mental capacity to make, change or revoke your will, according to FindLaw.

Making a Codicil

Each U.S. state has laws that govern how a testator, or person who makes a will, may change his will. Small changes are usually made using a codicil, which is an amendment or change written on a separate sheet of paper and attached to the original will. A codicil must be executed in the same way a will is, with the testator signing the codicil or directing someone else to sign for him in his conscious presence. Any state laws that require witnesses to a will signing also require witnesses to the signing of a codicil, although they do not have to be the same witnesses that signed your will, according to FindLaw.

Making a New Will

To make large changes, you may choose to write an entirely new will rather than use a codicil. The new will should contain a phrase stating it revokes all previous wills, as well as the date the new will was made. The new will must be signed and witnessed according to your state's law. When you are done making your new will, you should completely destroy the prior will by shredding, burning, or blacking out all the text, according to FindLaw.

Protect your loved ones. Start My Estate Plan

Requirements for Changing a Will

All 50 U.S. states have the same basic requirements for changing a will, either by making a new will or attaching a codicil, according to FindLaw. To change a will, the testator must be "of sound mind," or capable of understanding what the will does and what effect his changes will have. Although the testator does not have to be physically capable of writing the changes or of signing them, he does have to give the directions to someone else to do so. If a person the testator directs signs the will on the testator's behalf, the testator must be conscious and watching the other person sign, according to FindLaw.

How Power of Attorney Works

The powers granted by a power of attorney do not begin until the person for whom you have power of attorney is incapacitated. Since the testator of a will must have the mental capacity to understand changes to his will, the person with power of attorney cannot use that power to change the will, since the power of attorney only has power if the testator is incapacitated. The person who has been granted power of attorney may help the testator change his will while the testator is still of sound mind, but she may not use the power of attorney to change the will without the testator's express direction and consent, according to FindLaw.

Protect your loved ones. Start My Estate Plan
Is Amending Your Will Yourself Legal in Iowa?
 

References

Resources

Related articles

Amending a Testamentary Trust

To set up a testamentary trust, you include language in your last will and testament stating your intention to establish the trust. Because your will doesn't take effect until you're deceased, the testamentary trust can be amended before your death, usually by amending the will.

Pennsylvania's Statute of Wills

Pennsylvania's statute governing wills is called the Probate Code. Like all states, Pennsylvania has its own laws that cover what makes a will valid and how the instructions in a will should be carried out after the person who has made it dies. Although you do not need an attorney to make a valid will in Pennsylvania, the Pennsylvania Bar Association recommends consulting a lawyer to be sure your will is valid under Pennsylvania law.

How to Amend a Last Will & Testament

Finishing your last will and testament can feel like a huge weight off your shoulders. However, as your life circumstances change, you may find yourself needing to change your will. This is especially true if you add family members such as children, change family members as in remarriage, or buy or sell significant assets such as the family home. There are two ways to change your last will and testament: by adding a codicil (or amendment), or by rewriting your will.

LegalZoom. Legal help is here. Start Here. Wills. Trusts. Attorney help.

Related articles

Do I Need a Lawyer to Add an Executor to My Will?

Even after you make a will and sign it, you can change it. Over time, you may want to change beneficiaries or executors ...

Legal Requirements of a Will in Wisconsin

Creating a valid last will ensures that your property will be administered according to your wishes after you die. ...

Can Someone With the Power of Attorney Change Someone Else's Will Before He Is Dead?

A power of attorney grants an agent, sometimes called an "attorney-in-fact," the authority to act on behalf of the ...

Is a Handwritten Change on a Will Legal?

Individual state laws govern wills, so what you can do to your will without invalidating it depends on where you live. ...

Browse by category
Ready to Begin? GET STARTED