Does a power of attorney override a will previously written when someone has full mental capacity?

December 26th, 2011 | by admin |
kelly a asked:


My partners grandmother wrote a will when she had full mental capacity. After the possible onset of dementia, her son has taken over power of attorney. Does this override the previous will she wrote?

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    1. No Responses to “Does a power of attorney override a will previously written when someone has full mental capacity?”

    2. By WRG on Dec 27, 2011 | Reply

      No, but the Will doesn’t take effect until death and the PoA ends with death.

    3. By I have no eyes on Dec 30, 2011 | Reply

      They are two separate things. Once she dies, his PoA ends and the provisions of the will take effect. One does not override the other because they do not coexist.

    4. By wizjp on Dec 31, 2011 | Reply

      Will has no validity untill she passes. Till then the POA is God.

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