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Q.

Can a Power of Attorney Create a Will?

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Summary
A power of attorney cannot create, change, or sign a will for another person. A will is a personal legal document that must reflect the testator’s own wishes and be signed by them. Even broad POA powers do not allow this. Only the person who owns the assets, while mentally fit, can legally make and sign a will, preferably with legal guidance.
0 2026-01-30T18:31:23+00:00

No, a power of attorney cannot create or sign a will for another person.

  1. A power of attorney (POA) is a legal document. It gives one person the authority to act for another person. This authority usually covers matters like banking, property, paying bills, or handling legal work while the person is alive. The person who gives the power is called the principal.

  2. A will is very different. A will is a personal legal document. It shows what a person wants to happen to their money, property, and assets after their death. Only the person who owns the property can decide this. This person is called the testator.

  3. The law clearly says that the testator must personally make and sign the will. A power of attorney holder cannot do this job. Even if the POA document gives wide powers, it does not allow the agent to write or sign a will. This rule exists to protect the true wishes of the person. A will must reflect what the person really wants, not what someone else decides.

  4. In some cases, a person may not be able to sign because of a physical problem, like paralysis. In such situations, the law may allow another person to sign only at the testator’s direction and in front of witnesses. Even then, the power of attorney holder still cannot act on their own to create the will.

  5. If a person wants to make a will, they should do it while they are mentally fit and capable. They should clearly state their wishes and sign the document properly. Taking help from a qualified lawyer helps avoid mistakes and future disputes.

So, a power of attorney can manage day-to-day affairs, but it cannot create, change, or sign a will. Only the person who owns the assets has the legal right to do that.

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