When some one has power of attorney does that person have access to what is writtten in some ones will.
2006-11-02 22:51:44 · 10 answers · asked by lucylou198 1 in Politics & Government ➔ Law & Ethics
I would say not, for the simple reason that whatever the circumstances in which the power of attorney has been granted, they end on the death of the person concerned. From that moment onwards, others take over, either as executors of the will, if it is a valid will, or under letters of administration. It is therefore of no concern to the person having the power of attorney what the contents of the will might be. Indeed, it might give rise to their interfering in some way with the property of the person whose affairs they are looking after in the light of their knowledge of the will's contents. If the person whose affairs are being taken care of was of sound mind when making the will, then the will should stand, as it reflects the testator's intentions, and nothing should be done to frustrate the carrying out of those expressed wishes. To do so would amount to an abuse of power.
2006-11-03 01:01:09 · answer #1 · answered by Doethineb 7 · 0⤊ 0⤋
THe above answers are correct. I would add that the power of attorney is as broad as the grantor gives, so the relationship is generally one by contract. Would the person have "access" to the grantor's will? Perhaps, depending upon the power. Would the person be able to rewrite the person's will? No. Would the person be able to dispose of the assets that are mentioned in the person's will prior to the death of the grantor? Perhaps, depending upon the nature of the power of attorney and what is in the best interest of the grantor.
This, of course, is not legal advice. If you have a particular question, seek legal counsel.
2006-11-02 23:00:00 · answer #2 · answered by Perdendosi 7 · 0⤊ 0⤋
I assume you mean financial power of attorney.. I'm not quite as familiar with that as I am with the medical power of attorney. But I believe the executor of the will is the one with the access to the will. The power of attorney and executor CAN be two different people. It all depends on what the POA specifically states.
2006-11-02 23:36:25 · answer #3 · answered by quirkeyalone 2 · 0⤊ 0⤋
It depends. Most Power of Attorneys that I have seen were very specific regarding the powers bestowed.
If the POA states ALL legal affairs, then yes the POA could access the will.
If it is a specific POA, it would depend on the specifics outlined in the document.
2006-11-02 23:00:27 · answer #4 · answered by Gem 7 · 0⤊ 0⤋
A power of attorney or letter of attorney in common law systems or mandate in civil law systems is an authorization to act on someone else's behalf in a legal or business matter.
2006-11-02 22:53:21 · answer #5 · answered by Anonymous · 0⤊ 0⤋
power of attorney or letter of attorney in common law systems or mandate in civil law systems is an authorization to act on someone else's behalf in a legal or business matter. The person authorizing the other to act is the "principal" or "grantor (of the power)", and the one authorized to act is the "agent" or "attorney-in-fact" [AIF]. The attorney-in-fact acts "in the principal's name" -- for example, by signing the principal's name to documents.
2006-11-02 22:54:36 · answer #6 · answered by Anonymous · 1⤊ 0⤋
There are 2 forms of Powers of lawyer(POA), popular and particular. popular has no regulations as to what that's utilized for. Giving a popular POA would properly be very risky with the aid of fact the different individual can bypass and withdraw each and all the money in his checking account. open credit playing cards in his call, purchase a sparkling vehicle without him understanding approximately it till after the certainty and then he remains answerable for all those purchases and/or charges. a particular POA is for particular issues and many times has an expiration date besides. a effortless one is for infants and scientific judgements. as an occasion, your infants are going to spend the summer season or any prolonged quantity of time or happening trip with the grandparents. you will provide the grandparents a particular POA to make scientific judgements, so if the youngsters would desire to bypass to the scientific institution for any reason, the grandparents can sign so which you would be able to authorize the medical doctors to deal along with your infants. the guy giving a POA is authorizing the guy pointed out interior the criminal rfile to leagally sign his/her call. What which potential is definite issues, the spouse can sign for the servicemember. as an occasion, submitting a declare for damages to relatives products for the time of a desktops circulate. in basic terms a servicemember can report a declare. The spouse, with a popular POA, can sign for the servicemember and therbey flile the declare for the servicemember.
2016-10-03 05:55:36 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Yes, they have power to access wills, and finances
2006-11-02 23:01:26 · answer #8 · answered by Kerry 2 · 0⤊ 0⤋
yes they have the power to do any thing even access to bank accs
2006-11-02 22:57:11 · answer #9 · answered by cazmo 4 · 0⤊ 0⤋
my brother & sister had power of attorney over my mum's affairs, It means you are their agent, you look after their affairs,
2006-11-02 22:56:26 · answer #10 · answered by Weed 6 · 0⤊ 0⤋