A power of attorney and a will serve different purposes in estate planning. While granting power of attorney certainly gives the agent strong authority over the estate, a power of attorney cannot override a will.
Each document functions in separate ways and applies at different times. Understanding how these documents work can help avoid confusion and protect a person’s wishes.
The role of a power of attorney
A power of attorney allows a principal to give an agent the authority to make decisions on their behalf. This authority can cover financial matters, health care choices or other legal decisions. The power of attorney becomes effective during the principal’s lifetime and ends when the principal dies.
The agent must follow the instructions outlined in the power of attorney document. In Pennsylvania, the law requires agents to act in the best interests of the principal. This means the agent cannot change the principal’s will or make decisions that go against the principal’s known wishes.
The purpose of a will
A will outlines how a person’s assets and property will distribute after death. It also names an executor to manage the estate. In Pennsylvania, a valid will must meet legal requirements, including being in writing and signed by the person creating it. Once the person dies, the will goes through probate, where the court ensures the executor carries out the instructions properly.
Since a power of attorney ends upon death, the agent loses any legal authority over the deceased person’s affairs. Only the executor named in the will has the power to manage and distribute the estate under court supervision.
When conflicts arise
If a power of attorney and a will contain conflicting instructions, Pennsylvania law makes it clear that the will controls what happens after death. For example, an agent under a power of attorney cannot change beneficiaries or redirect property listed in the will.
It is possible to reduce conflicts by keeping one’s estate planning documents updated. Regularly reviewing and aligning these documents helps ensure the fulfillment of financial and personal wishes.