Can Someone with the Power of Attorney Change a Will?

A power of attorney grants someone authority to act on another’s behalf, but it does not give unlimited control.

When it comes to wills, the distinction is especially important.

For example, you may wonder whether a person with power of attorney can change a will. To prevent disputes and protect a loved one’s true intentions for their estate, it’s important to understand how powers of attorney and wills interact.

What Does Power of Attorney Mean?

A power of attorney is a legal document that allows one person (the agent) to act on behalf of another (the principal).

This authority can apply to financial or medical decisions. It may be tailored in different ways, such as remaining valid after incapacity (durable), activating only under certain conditions (springing), or applying only to specific tasks or time periods (limited).

The Relationship Between a Will and Power of Attorney

Although a power of attorney grants someone legal authority to act on another person’s behalf, it does not override or replace a will.

A will outlines how someone’s assets should be distributed after death, while a power of attorney only applies during the person’s lifetime and becomes void once they pass away.

Limitations of Power of Attorney When It Comes to Wills

There are limitations of power of attorney, in that it does not give the agent the authority to create, change, or revoke a will.

The powers granted during a person’s lifetime are separate from decisions made about their estate after death.

Because a will only goes into effect upon death, only the person who created the will (the testator) can change it, and only while they are mentally competent. Even a durable power of attorney, which remains valid during incapacity, does not grant the agent the authority to make post-death decisions.

If someone cites their power of attorney to alter a will, that action is invalid and potentially fraudulent.

Steps to Take if You Suspect Abuse of Power of Attorney

It’s important to act quickly if you suspect someone is committing abuse of power of attorney, especially to interfere with estate planning or influence the principal to make changes to their will. You should take the following steps to protect your loved one’s wishes:

• Document Your Concerns – Write down specific actions, conversations, or financial transactions that raise red flags. The more detailed your notes, the better.
• Talk to Other Family Members or Trusted Individuals – Others may have noticed similar behavior or have additional insight. Gathering support can help confirm whether it’s time to take action.
• Review the Power of Attorney Document – Determine the authority granted to the agent and whether they’re acting within those limits.
• Consult an Estate Planning or Elder Law Attorney – A knowledgeable Michigan lawyer can assess the situation, explain your options, and help you take legal steps if needed.
• Consider Guardianship or Conservatorship – If the principal is incapacitated, the court may need to appoint someone to protect their interests.

Contact Our Traverse City Estate Planning Attorneys to Learn More

Do you have concerns about an agent’s behavior or suspect they may be trying to change a will under power of attorney?

If so, don’t wait to enlist the support of a Michigan estate planning lawyer. Reach out to Alward Fisher today to discuss your situation and learn more about your legal rights and options.