Legal Question in Wills and Trusts in Virginia

Can a spouse overturn a notorized medical power of attorney and last will & testament? My mother had us do a medical power of attorney naming my sister and I as the decision makers. She also has a will detailing how her limited estate should be divided and her preferences for funeral and related. Five years ago, she was involved in terrible accident that left her paralized. Her hsband is telling her he can overturn anything she has on paper as to her wished and do whatever he wants as her spouse. She is looking for confirmation that these docuemnts override his position as spouse for these decisions.


Asked on 11/08/11, 8:46 am

1 Answer from Attorneys
Paul B. Ward Law Offices of Paul B. Ward

An agent holding a power of attorney from an individual has a fiduciary responsibility to that individual to follow her wishes, and not to take actions which favor the agent as against his principal.

I am not aware that an agent can modify the principal's advance medical directive, medical power of attorney, or living will. I have not researched that issue, but it would surprise me if that were possible. I am certain than an agent cannot execute a will for the principal, or change the language of the principal's will.

Read more
Answered on 11/08/11, 1:05 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Virginia