Can a POA or guardian change someone's will?

1 answer | Last updated: Oct 26, 2016
A fellow caregiver asked...

If a senior has been declared unfit to deal with their own affairs, can they or their executor, or the person in charge of their affairs, draft or rewrite an old will?


Expert Answers

Generally the contents of a will of a person declared unfit to manage his or her own affairs cannot be changed by anyone else. You state that a "senior has been declared unfit to del with their own affairs."I gather that a state court has made a legal judgment to this effect. Whether the person granted legal control over that person's affairs can alter the will depend on the law of that state. However, very few (if any states) allow a person's will to be revised or changed after that person has been officially declared to be incompetent.