Legal Question in Civil Litigation in Louisiana
Power of attorney VS last will
Does a power of attorney beat a persons last will and testament?
Asked on 8/25/08, 10:27 pm
2 Answers from Attorneys
Andrew Casanave
Andrew M. Casanave
Re: Power of attorney VS last will
If the writer is alive a Power of Attorney gives the Agent/Attorney the authority given by that writer. The will is without effect until the writer is dead.
If the writer is dead the Power of Attorney has no power at all. The will then documents the intentions of the deceased.
Answered on 8/25/08, 11:24 pm
Nick Pizzolatto, Jr.
Pizzolatto Law Office
Re: Power of attorney VS last will
I agree with Mr. Casanave. The Power of Attorney ends at the death of the one giving it. The Will is of no effect until the death of the one making it.
Answered on 8/26/08, 8:18 am
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