If someone has been designated a Power of Attorney for your loved one and is attempting to amend their will, you are likely wondering, Can a power of attorney change a will in California? Usually, no, but it depends on the document itself.
“Many clients entrust a power of attorney with the deepest faith, believing it’s a foolproof safeguard for their legacy,” said Andrew Micaraset, a probate and trust litigation attorney at Gokal Law Group and a 2024 Super Lawyers Southern California Rising Star. “But unchecked authority can silently unravel a lifetime of careful planning if the person wielding it lacks integrity” he said.
A power of attorney (POA) is designed to be a tool of empowerment, allowing a trusted agent to manage your affairs when you are unable to do so. However, the authority granted by a POA is specific and has legal limitations, especially when it comes to fundamental estate planning documents like wills. When that authority is overstepped, it can lead to devastating consequences for your intended beneficiaries and your legacy.
Can a Power of Attorney Change a Will in California?
Typically, a power of attorney does not have the authority to change a properly executed will unless the POA document specifically gives them this authority. However, this agent can potentially make many changes to the assets surrounding the estate if there is overlap. Still, there’s more to answering this question. Let’s get into it!
Can a Power of Attorney Change a Beneficiary on a Will?
The simple answer is, generally, no. Changing a beneficiary on a will would require amending the document itself, so unless the document explicitly gives them the authority to change a will, they do not have the power to change a beneficiary on a will.
Further, a power of attorney grants an agent the authority to manage assets, pay bills, and make decisions on behalf of the principal during their lifetime, and a will is a testamentary document, meaning it takes effect only upon the principal’s death.
The agent’s authority under a general or financial POA typically ends upon the principal’s death, and therefore, they cannot alter a will’s beneficiaries.
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Can a Financial Power of Attorney Change Beneficiaries?
A financial power of attorney grants the agent broad authority over the principal’s financial matters. This includes managing bank accounts, investments, and real estate transactions.
Usually, this power does not extend to changing the beneficiaries designated in a will. Changing a will requires the principal’s direct action and legal capacity to execute a new will or amend one. An agent acting under a financial POA cannot perform this act on the principal’s behalf.
Related Article: What Are Signs of Inheritance Theft?
Can a Power of Attorney Change a Beneficiary to Himself or Herself?
Similar to changing beneficiaries in a will, unless the Power of Attorney document explicitly gives them this power, they usually cannot change a beneficiary to himself or herself. However, it’s important to know that this could become a conflict of interest and constitute a breach of fiduciary duty if they do have that power.
“An agent under a power of attorney is a fiduciary, meaning they are legally obligated to act solely in the best interests of the principal, not their own,” explained Micaraset. “Attempting to change a beneficiary to themselves, or to anyone else in a way that benefits the agent, constitutes a severe breach of fiduciary duty and is a classic sign of power of attorney abuse. Such actions can be grounds for litigation,” he said.
Related Article: How Do You Prove a Breach of Fiduciary Duty?
Can a Power of Attorney Change the Executor of a Will?
Similar to changing beneficiaries, an agent operating under a power of attorney generally cannot change the executor designated in a will.
The appointment of an executor is a personal decision made by the principal in their will, effective upon their death. An agent’s authority under a POA ends when the principal passes away, thus preventing them from making such alterations.
Related Article: What is Power of Attorney Abuse in California?
Can an Enduring Power of Attorney Change a Will?
An “enduring power of attorney” (or “durable power of attorney” as it’s often called in California) remains effective, even if the principal becomes incapacitated.
While this type of POA grants extended authority over financial and sometimes healthcare decisions during incapacity, it does not automatically grant the agent the power to change the principal’s will.
The will remains a separate legal document that requires the principal’s personal act and continued testamentary capacity to be altered. Unless the document specifically grants this authority, then the agent cannot change a will.
Can a Power of Attorney Change a Will After Death?
No, the authority of a power of attorney terminates automatically upon the death of the principal. At this point, the will becomes the governing document for the distribution of the deceased’s estate, and the probate court oversees its execution.
An agent under a POA has no legal standing to make any changes to a will after the principal has passed away.
“A will represents the voice of a decedent’s final wishes that should stand firm long after they’re gone,” said Micaraset. “When a power of attorney attempts to silence that voice, it’s not just a legal challenge; it’s an affront to dignity. We fiercely protect the right of every individual’s intentions to be honored, especially when they can no longer advocate for themselves,” he said.
Related Article: Who Can Override a Power of Attorney in California?
Don’t Let a Power of Attorney Steal Your Inheritance. Work with Power of Attorney Abuse Lawyers Today.
So, can a power of attorney change a will in California? Generally, no, the authority of a POA agent does not extend to altering it, though they can have this authority if the document specifically grants it. At Gokal Law Group, we understand that issues surrounding powers of attorney can be emotionally devastating and financially draining. Our skilled POA abuse attorneys are prepared to protect your interests and preserve the value you are entitled to.
If you suspect power of attorney abuse or something simply “feels off,” trust your gut. Contact us today for a confidential consultation to secure what was lawfully left to you.
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