Legal Question in Wills and Trusts in Pennsylvania

Your question is confusing to me. Here are basic concepts about a power of attorney:

A power of attorney is a DOCUMENT that appoints another person to act for you. You would be the "principal" and the person you appoint would be the "agent.

No one other than the principal can change anything in the document.

If the document is being changed, a new power of attorney document should be created. It is not necessary to change or create a will.

The document should be signed by the principal and witnessed by a person other than the agent, and should also be acknowledged in the presence of a notary public.

THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

A power of attorney (POA) and a will are two different documents. A POA is only for the living. Its authority ends at death. Under a POA, an agent can only use the property belonging to the principal for the principal's benefit. Some POAs allow the agent to make gifts (this might be done for tax planning purposes) so you would have to review the POA to see what it does or does not allow. However, a POA does not permit an agent to change the testator's will. But, the POA can dispose of assets under the POA so as to effectively change a will.

A POA cannot be amended. It can be revoked and a new POA made. However, the prinicpal must be mentally competent to do this. If the principal is not mentally competent then a POA cannot be revoked. If this is done illegitmately or if the agent is abusing his/her authority, then anyone can bring a guardianship proceeding and ask the court to appoint someone to be the guardian of the principal's person and/or property. Guardian of the person allows the guardian to make health care decisions. Guardian of the property allows the guardian to manage the principals's property (money, land etc.).

Guardianship only works where the principal becomes mentally incompetent. Mental incompetency is established through medical evidence. Guardianship has its own requirements - guardians usually have to be bonded and have reporting requirements to the court. If the principal is mentally competent then they can revoke the POA and make a new POA or leave things be, as they choose.

A will only becomes operative at death. A will can be changed by the testator at any minute up until the time of death but the testator has to be mentally competent to be able to make the change. An agent can only be a witness if the agent is not a beneficiary under the will. However, a will need not be witnessed if the testator is in Pennsylvania as long as it is signed at the end. If the testator, for whatever reason, cannot sign, then the will has to be witnessed.