Does Power of Attorney override a Will?

Can a power of attorney override or change a will? 

In short, no, a power of attorney cannot change or override a will

Writing a valid will is comparatively simple. The only legal requirement is that you must be legally competent to make decisions and that the will must be written down. A power of attorney cannot alter or rewrite a will as long as the will is valid. Even if the principal explicitly states otherwise in their power of attorney assignment, this does not fall within their authority. A power of attorney-drafted will is inherently invalid. On the contrary, a power of attorney can challenge a will if it is invalid and provide justification as to why the will should not be enforced, either in whole or in part. To challenge a will, you usually need to show that the person was not in their right mind, capable of making their own decisions, or in a position to take other legally binding action. The term for this would be "duress." However, this would be uncommon due to the fact that, typically, a person must be deceased before their will can be challenged.

Unless the principal specifies that they wish for the agent to remain in charge after their death, power of attorney ceases in most cases when the principal dies. The individual's legal rights are then transferred to their estate. From there, the estate's executor takes control of the deceased person's affairs. As a consequence of this, power of attorney cannot alter a will while the grantee is still alive because they lack the authority to do so. Additionally, they cannot alter an estate after the grantee has passed away because their role as power of attorney ends when the grantee passes away.

However, power of attorney can still impact an estate 

It is essential to understand that a person with general power of attorney can still alter the terms of a will. More specifically, they are able to alter your estate before it actually becomes yours. While it has restrictions, a general power of attorney is a broad award of power. They often have the ability to reorganize your personal finances in accordance with their own best judgment because they can make significant financial decisions on your behalf. If the power of attorney dissolves or alters assets that had been assigned to various heirs, this can functionally invalidate portions of your will.

Your power of attorney may reorganize your assets out of genuine concern for your well-being, without realizing that doing so could jeopardize your estate plan. As a result, if you have a general power of attorney, particularly as part of your elder care plan, you should tell them in advance what you want for your estate.

Are there any differences between a power of attorney and a will

When the distinction between a will and a power of attorney is clearly established and understood, there will be no confusion. Both legal declarations grant rights and powers to another person or agent. Wills and powers of attorney differ significantly in a couple of ways. The length of time it takes for a power of attorney to take effect is the first difference between it and a will. Wills happen after the passing of the departed benefactor and power of attorney takes effect during the lifetime of the departed benefactor. Secondly, the executor's authority is unrestricted in wills, but the agent's authority is restricted in powers of attorney.

In conclusion

A person who has power of attorney cannot alter your will or make a will on your behalf. But that person can change your assets to change how your will works in practice, so before assigning anything, talk to the agent whom you want to grant power of attorney to about your wishes. Furthermore, in the case of wills and powers of attorney in India, it is best to seek the advice of an expert.

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