Legal Question in Wills and Trusts in Pennsylvania
In the State of Pa., can a POA change an existing will, if the person who originally wrote the will is incapacitated and not of sound mind?
Asked on 12/05/11, 12:53 pm
1 Answer from Attorneys
No.
However, depending on the language in the power of attorney, the agent may have the power to make gifts or engage in tax planning. Also, I don't know what assets there are or how many years the person who made the will has left to live. That person. if he/she is in a nursing home, may exhaust his/her assets. Or the power of attorney may try to abuse the position by transferring assets away. Either of these actions would abrogate or override the provisions in the will.
Answered on 12/05/11, 11:24 pm