Can The Person With Your Power Of Attorney Change Your Will In Massachusetts?
A power of attorney (POA) is an important estate planning document. It allows a trusted person (your agent) to manage your legal and financial affairs if you become incapacitated. You may be wondering: Can power of attorney be used to change a will? In Massachusetts, the answer is a clear and resounding “no.” Here, our Massachusetts estate planning attorney explains what you need to know about what an agent can (and cannot) do with power of attorney.
What is a Power of Attorney in Massachusetts?
A power of attorney (POA) is a legal instrument that authorizes an agent to act on behalf of a principal during the principal’s lifetime. It can grant limited authority for specific tasks or broad authority for general financial and legal management. The document remains effective only while the principal is alive.
A Power of Attorney Does Not Authorize Any Change to a Testamentary Instrument
You cannot use POA to change a will. Massachusetts law is clear: It draws a strict line between lifetime agency authority and the testamentary acts that control the disposition of property at death. A power of attorney grants an agent authority to act on the principal’s behalf during the principal’s life. It does not transfer the right to execute, amend, revoke, or replace a will. Only the principal may perform a testamentary act, and only while the principal retains legal capacity. A will executed by an agent is void. Any alleged amendment by an agent is also void. Massachusetts courts have no flexibility on this issue. An agent cannot use POA to write or change a will.
The Time to Write a Will is Now (Proactive Planning is a Must)
If a principal wishes to revise a will, the principal must execute the new document with the required formalities. That includes capacity, signature, and two competent witnesses. If incapacity prevents the principal from executing a new will, no one may do it on the principal’s behalf. Families often assume that a POA gives an agent broad control over all estate matters. That assumption is incorrect. Principals who anticipate the need for future updates should maintain regular estate planning reviews while they retain capacity. The sooner you consult with a Boston, MA estate planning attorney, the better position that you will be in to ensure that your rights are protected.
Call Our Massachusetts Estate Planning Lawyer Today
If you have any questions or concerns about POAs in Massachusetts, the Fisher Law LLC estate planning attorney is here to help. We are a firm dedicated to providing a high level of personal attention and commitment to meet your estate planning objectives. We provide estate planning, elder law, special needs planning, trust and estate services throughout the Greater Boston area.
