Legal Question in Wills and Trusts in Texas

Using a Power of Attorney to sign a will for someone

If a person has a statuatory Power of Attorney over someone, does the authority given by the Power of Attorney allow that person to sign/initial (and/or create) a last will and testiment for the person who gave them Power of Attorney?

Stated again: If my brother gave me Power of Attorney, could I then go and sign his will for him? Woud his will then be valid?


Asked on 3/01/05, 4:41 pm

2 Answers from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Using a Power of Attorney to sign a will for someone

No.

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Answered on 3/01/05, 5:45 pm

Re: Using a Power of Attorney to sign a will for someone

You cannot use the power of attorney to create a will for your brother. However, if he has an attorney draft a will and cannot sign, you may be able to sign on his behalf in his presence.

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Answered on 3/02/05, 11:07 am


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