Legal Question in Wills and Trusts in California

Does P.O.A.s supercede wills?

We suspect someone is ''hiding'' a family member's will. If my aunt (who is still living) grants power of attorney to someone, will the decisions made by the designee supercede those possibly made in the will?


Asked on 5/05/08, 7:04 pm

2 Answers from Attorneys
Mitchell Roth MW Roth, Professional Law Corporation

Re: Does P.O.A.s supercede wills?

Sure.

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Answered on 5/06/08, 6:54 pm
George Shers Law Offices of Georges H. Shers

Re: Does P.O.A.s supercede wills?

A power of attorney expires upon the death of the grantor of it. All the POA means is that designated individual acts in place of the person giving them the power. So obviously when the person dies there is no longer any power to act as a substitute.

A Will has the final word on anything still left as an asset of the deceased. Anything that is in a trust is not in her name so is not part of the Will. There legally can not be a conflict between a Will and a Trust because each deals with assets unique to that particular instrument.

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Answered on 5/05/08, 11:00 pm


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