If you are thinking about your estate and considering granting a power of attorney you may be wondering “Can a power of attorney change a Will”? When it comes to estate planning, Having a Will is a vital part of ensuring your wishes are carried out including financials, possessions and properties.
A power of attorney is a legal document that grants someone the authority to act on behalf of another person in various financial and legal matters. In Ontario, there are limitations to what a power of attorney can do, especially when it comes to making changes to a will. We’ll delve into the intricacies of when and how a power of attorney can make changes to a Will within the legal framework of Ontario.
The Role of a Power of Attorney
A power of attorney is a legal document and tool that allows you to assign an individual to make decisions for you and manage your financial and legal affairs. It is important when assigning a power of attorney to choose carefully and consult with an experienced estate lawyer to outline the terms of your power of attorney.
You can choose to broaden or limit the terms outlined for your power of attorney. However, when it comes to the question of can a power of attorney change a Will, the answer is less straightforward. Generally, a power of attorney cannot change a Will.
Making Changes to a Will
When you assign power of attorney in Ontario, generally you are not granting them the authority to modify your Will. Your Will is a document that outlines your wishes and changes to this document should be made by you directly. If you are looking for more information about changing your Will, speak with an experienced estate lawyer to ensure you follow the proper legal procedure.
When Capacity Is Intact Can a Power of Attorney Change a Will?
When you grant power of attorney, you are not required to grant the power to manage all of your affairs as long as you are mentally capable of continuing to do so. You can still make changes to your own will if you have the mental capacity to do so. You can either create an entirely new Will and void the previous Will or add a codicil to your existing Will. This acts as an amendment to your existing Will.
Regardless of your choice to change your Will, it is always important to consult with an experienced estate lawyer who can help you create a strong Will with legally binding changes.
When Capacity Is Compromised Can a Power of Attorney Change a Will?
If you are no longer mentally capable of making changes to your Will, this increases the complexity of changing your Will. Your power of attorney’s ability to make changes will remain limited however, there are other options available to them.
- Guardianship or Conservatorship: If your capacity is impaired, a court might appoint a guardian or conservator to manage your affairs, they would be able to make changes to your Will if they are deemed necessary.
- Court Approval: A court may approve changes to a Will if your power of attorney or another loved one can show that the changes align with your wishes and are not influenced by pressure or coercion.
- Seeking Legal Guidance: If your power of attorney believes that changes to the will are necessary, they should consult an estate lawyer to get advice on their legal options.
A power of attorney is a powerful legal tool that helps you manage financial and legal matters when you are unable to. However, when it comes to granting powers of attorney in Ontario, it is important to understand that their powers to make changes to a Will are limited.
The authority of a power of attorney depends on your location, your signed agreement and your mental capacity. To navigate these complexities effectively, it is important to consult with an experienced estate lawyer to ensure you are properly prepared and represented.
This blog is made available by the law firm publisher, Epstein & Associates, for educational purposes. It provides general information and a general understanding of the law but does not provide specific legal advice. Any specific questions about your legal concerns please contact us now and speak to an expert today.