The short answer to whether an agent can change your will is no. Power of attorney does not allow your agent to revise or change your will. While power of attorney can give an agent significant power, it does have limitations. Keep reading to get a better understanding of what someone can do when you give them power of attorney.
Power of Attorney Doesn’t Let Someone Change Your Will
It is a ubiquitously accepted legal principle that an agent named by power of attorney cannot change a validly executed will. State law sets out the criteria regarding the validity of a last will and testament and generally requires:
The person writing the will (also known as the testator) must be of sound mind and at least 18 years old. The testator must understand the nature and extent of the assets that comprise their estate and who would be entitled to inherit those assets if the testator died without a will. The will must be in writing (with very limited exceptions). The will must be signed by the testator, or if they’re physically unable, at the testator’s direction and in the testator’s presence. Two witnesses without any conflicts of interest must sign the will in front of each other.
Once your will is properly executed, it remains in effect unless you revoke it. You can only revoke a will by:
Writing and executing a new willWriting a statement that says you want to revoke your previous will, following the same rules as if you were creating a new willPhysically destroying your will, such as by tearing it up or burning it
When you die, power of attorney ends and your will (along with state law) dictates what happens to your assets.
What Power of Attorney Allows Someone To Do
Rules about power of attorney may differ between states, but the document typically gives your agent the power to carry out specific tasks, including:
Handling financial accounts, including closing bank accounts and giving financial gifts Managing real estate, including buying, selling, or changing title to property Creating and funding trusts Retaining professionals such as attorneys, accountants, or social workers Speaking to creditors and government agencies Making decisions for any business you own Caring for your pets Managing your digital assets, such as email and cryptocurrency
For example, if you will be overseas for an extended period of time, you might appoint a power of attorney to handle tasks such as managing bills or selling property. If you no longer drive, you might give your adult child power of attorney so they can sell your car for you.
Limits on What Power of Attorney Allows
One of the most important concepts to understand about power of attorney is that your agent can only make decisions that are within the scope of the powers listed in the document. For example, if your agent wants to sell your car for you, they must show the power of attorney at the DMV to prove the document gives them this power. This fact means you can set your own limits on what your power of attorney allows. If a task is not expressly described in your power of attorney, the agent can’t make a decision about that matter. You can also prohibit your agent from being able to take any specific action, such as accessing your safe deposit box, by including that in your power of attorney. Another option is to limit your agent’s authority to a specific range of dates, which may be useful if you’re traveling for an extended period or temporarily are incapacitated due to illness or injury. In addition, you can create a power of attorney for a specific action, such as signing closing documents on the sale of real estate if you can’t be present.
How To Deal With Potential Issues of Abuse
Giving your agent power of attorney does not mean they can steal or mismanage your assets without consequences. Your agent owes you fiduciary duty, which means they are required to act in your best interests or in a manner consistent with how you would act. If they breach this duty, they can be held liable both civilly and criminally. If you believe your agent has done so, you should contact an attorney focused on estate planning or elder law, the police, or your financial institution (if the issue is related to your bank account). If you want to revoke your power of attorney for any reason, you can give written notice to the person named as your agent. You should provide a copy of the written revocation to any bank or financial institution that has the power of attorney on file. Want to read more content like this? Sign up for The Balance’s newsletter for daily insights, analysis, and financial tips, all delivered straight to your inbox every morning!
