Can power of attorney change a will?

While a POA in Virginia cannot change a will they generally have power to do almost anything else - which can include selling property, retitling property/accounts, and taking other acts that may change how the will functions (i.e. by making certain various assets are not subject to the terms of the will). There is even some authority out there indicating a POA can modify a trust, and all the above powers could result in assets being disposed of in a manner other than as provided in the will. If the aunt does take such actions you could arguably file suit against her after your father's death for breach of fiduciary duty, fraud, conversion, and other grounds, but it is much easier to take care of the issue now. In that light, I would encourage you to consult with a local estate planning/administration attorney. If the aunt knows someone is watching her every more she is less likely to do something inappropriate now. NOTE: If you find this response helpful, please click on the “thumbs up” button at the bottom. DISCLAIMER: THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT A QUALIFIED ATTORNEY.

You should first check to be sure what powers have been given to your Aunt by reviewing the document. A power of attorney is a written document by which you voluntarily choose another person to handle some or all of your property and financial affairs. A power of attorney is often used for convenience. For example you could designate someone to attend a real estate closing for you and sign on your behalf. This is typically and ordinary power of attorney that ends when you become mentally incapable because of sickness or injury to handle your affairs. A durable power of attorney is a common document included in one's estate plan and does not end due to incapacity as long as it is correctly stated in the document that the powers are not to end upon incapacity. Regardless of which document your father had, you cannot authorize someone in a power of attorney to write a will for you or change the provisions of an existing will. The durable power of attorney can give powers over all property and financial affairs, including the power to sell property. However, your aunt has a fiduciary duty to your father as his agent and is obligated to follow the instructions set forth in the power of attorney if in fact she is the agent of his durable power of attorney. She must act in your fathers best interest and should keep accurate records of all financial transactions. She should not make decisions for her own interest as this would be a breach of her fiduciary duty. In some cases, you may petition the court to appoint you as conservator to handle your fathers property and finances. The conservator usually has the right to revoke the durable power of attorney. However, you will have to convince the court at a hearing that you should be appointed over anyone else which can be tough to do specifically when a durable power of attorney is already in place. You should seek the advice of an attorney in your state to counsel you and provide clarity to this sensitive issue. DISCLAIMER: THE TRANSMITTED MATERIAL IS INTENDED FOR INFORMATIONAL PURPOSES ONLY AND IN NO WAY CREATES AN ATTORNEY CLIENT RELATIONSHIP. THE INFORMATION CONTAINED DOES NOT CONSTITUTE LEGAL ADVICE WHICH CAN ONLY BE GIVEN BY A LICENSED ATTORNEY IN THE STATE WHICH HOLDS JURISDICTION OVER THE GIVEN MATTER.