Legal Question in Wills and Trusts in Ohio
Can POA change will?
My living aunt is leaving money to myself and my sister in her will. She has made her step son her POA. He is having her mentally evaluated and she may be declared incompetent.
Can he then change the will or get access to her money?
The will was made out two years before the evaluation but the attorney is a friend of his.
1 Answer from Attorneys
Re: Can POA change will?
Only your aunt can legally change her will, and she must be competent to do so. You don't mention what type of power of attorney she has given to her step son. If it is a general durable power of attorney, it could provide him access to her assets and essentially give him the ability to stand in her shoes. Depending on the type and terms, it could give him a wide range of powers.
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