Legal Question in Civil Litigation in Michigan

Re: power of attorney/will

A power of attorney is drafted for many reasons. Sometimes a power of attorney is limited in the scope of powers granted or a durable power of attorney will provide a much larger scope.

However, typically changing of a will is one of the exclusions in MOST power of attorneys even a durable power of attorney with wide ranging authority.

If you feel like another individual is acting inappropriately please feel free to give us a call to see if there is anything further that can be done to protect your rights. We look forward to assisting you.

Re: power of attorney/will

An individual can sign a will in the testator's name, but it has to be done at the testator's direction and in the testator's conscious presence. The same would be true for the power of attorney signing a will / making changes for the testator.

MCL 700.2502 requires a valid will to be

in writing; signed by the testator or in the testator's name by some other individual in the testator's conscious presence and by the testator's direction; and signed by at least 2 individuals, each of whom signed within a reasonable time after he or she witnessed either the signing of the will as described in subdivision (b) or the testator's acknowledgment of that signature or acknowledgment of the will.

Furthermore, a power of attorney is an agent and is bound by agency law, which imposes certain duties to the principal such as the duty of loyalty, obedience, and reasonable care; and which disqualifies agents for self-dealing or secretly acting for their own account.

Hope that answers your question. If there is any concern go to the court and tell them you want to challenge a will and whose it is; or better yet, hire an attorney.

(Please do not rely on this communication which does not create an attorney-client relationship and which is intended merely as a discussion of legal principles and is not to be relied upon.)