When you’re not a lawyer, a lot of legal terms seem interchangeable. But knowing the ins and outs of wills, power of attorney (POA), and other concepts for wills and living wills puts you in a stronger position to defend the wishes of your loved ones—as well as your own wishes. The legal professionals at The Orlando Law Group want to empower all of our clients, and that includes helping local Florida residents like you understand the interactions between wills and power of attorney. Get the answers to frequently asked questions like ‘Can power of attorney change a will?’.
Can a POA Sign a Will?
Someone designated with power of attorney cannot sign a will on behalf of someone else. They cannot create, sign, or revise a will without the individual’s consent and signature. However, the person given power of attorney does have some decision-making capabilities in how assets are handled and interpreted. Because of this, it’s important to create a detailed, legally sound will that thoroughly establishes what should be done with all of your assets.
Can Power of Attorney Override a Will?
Again, the direct answer to the question ‘Can power of attorney override a will?’ is ‘no’—but it can be more complex than that. If you give someone the power of attorney over your estate, they can make changes to those assets that can significantly alter how your will is carried out.
A power of attorney can also challenge a potentially invalid will, leading to part or all of the will not being enforced. This complication, however, is rare. In most circumstances, power of attorney also dissolves once an individual dies, as all of the assets and associated rights or responsibilities shift to the estate. Many people worry over the question, ‘Can a POA change a will?’ but wills have built-in protections against third-party changes.
Do I Need a Power of Attorney If I Have a Will?
These questions and answers have shown the strict division between wills and people granted power of attorney. In most circumstances regarding assets, wills overrule all other sources, and people with power of attorney have a diminishing impact on the assets. However, both concepts are very important to organizing your life and assets. “Power of attorney” is useful for protecting your assets while you’re still alive, while your will can protect your assets once you pass away.
Someone granted power of attorney can handle these responsibilities:
- Make decisions for you, your health, and you’re assets if you’re incapacitated and/or medically unable to make those decisions for yourself
- Represent you in the purchase or sale of assets that require in-person representation
You can even have multiple people granted power of attorney on your behalf, such as a finance POA and a health care POA.
Every state establishes its own rules regarding what ‘power of attorney’ entails and the process for establishing one. In Florida, only people aged 18 and older can have an agent with power of attorney (and that agent must also be 18 or older). They can handle responsibilities such as managing investments and real estate, paying bills and other debts, and looking after your business, as well as making health-related decisions. However, it is also best to establish a living will, which can detail your preferences regarding medical interventions, asset management, and other decisions.
Contact The Orlando Law Group for All Your Legal Needs
No matter how old you are or how complex your estate is, it’s best to establish a will, living will, and power of attorney before you need them. Being proactive gives you more time to think through sensitive decisions and create a legal strategy you’re comfortable with. At The Orlando Law Group, we’re here to help. Contact us today to schedule an initial consultation or to learn more about your legal options in Florida.
Featured Image: Amnaj Khetsamtip / Shutterstock
Last Updated on February 18, 2025 by The Orlando Law Group
