Does a power of attorney overide a last will and testament?

Question

Does a power of attorney overide a last will and testament?

Answer 1

No I don't think so.

Answer 2

No all you are doing is giving someone the power to do a specific task   I.E. buying your house, cashing a cheque that type of thing. Unless it is for an elderly person who has been found not to be of sound mind.That would be different

Answer 3

That would be for a judge to decide. You would seek power of attorney to override a will if you believe the will was written by somebody mentally deficient at the time of writting.

Classic opening statement of a will - "I being of sound mind."

The will takes precedent and is executed in accordance with the deceased wishes, only a court can change that.

Answer 4

A power of attorney ceases to exist on death of the granter

Answer 5

No, power of attorney just grants one permission to act on behalf of the other.  The will should be in place before the person is unable to perform their otherwise normal duties.  You have to be of sound body and mind, no one can change the will, it can be contested later in court if need be.

Answer 6

It shouldn't. That's the whole point of having a last will and testament. It speaks for you, and gives the greiving process order from beyond the grave.

Answer 7

Powers of Attorney and Wills are distinct legal documents and have different legal effects.The POA appoints the attorney as an agent with authority to act on your behalf either in general or for defined purposes. It has effect as soon as it is signed and remains valid until revoked.A will of course operates on death and remains a valid will unless revoked by a later will or altered by a codicil (partial amendment to original) or marriage.So the POA does not override a will although disposals of specific property under a POA which might otherwise pass on death may render some of a wills provisions redundant if the property is not part of the estate on death.