Legal Question in Wills and Trusts in Florida

Can Power of Attorney over ride a Last Will?

My mother had a last will and testament drawn with an attorney. She recently gave me power of attorney. I was wanting to make a small change in her will and was wondering if I could over ride one of her items in the will. She left her vehicle to be devided equally between my brother and myself. I wanted to give the car to a close friend who helps me care for her. Can I do this without my brothers consent?


Asked on 6/05/04, 10:35 am

1 Answer from Attorneys
Marie-Anne Oatley

Re: Can Power of Attorney over ride a Last Will?

You cannot change a person's will. Depending on the power the POA grants you, you may be able to dispose of the vehicle at your discretion while your mother is still alive (if it does not constitute abuse of your ficiary duties; be careful on that issue).

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Answered on 6/05/04, 11:21 am


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