One of the most common questions we’re asked is can a Power of Attorney change a Will? It’s a fair question, and one that touches on some of the most sensitive areas of law: personal autonomy, mental capacity, and estate planning.
The short answer? Generally, no. But there are exceptions.
What a Power of Attorney Can and Can’t Do
A Lasting Power of Attorney (LPA) allows someone you trust to make decisions on your behalf if you lose mental capacity. There are two types:
- Property and Financial Affairs LPA – covering decisions about money, property, and financial matters.
- Health and Welfare LPA – covering decisions about care, medical treatment, and living arrangements.
While these powers are significant, they don’t extend to rewriting or creating a Will. Making a Will is a deeply personal act that requires the individual to understand what they’re doing and why, known legally as having testamentary capacity.
The Court of Protection: A Rare Exception
In very limited circumstances, if someone no longer has capacity and their existing Will no longer reflects their situation, an application can be made to the Court of Protection for what’s known as a Statutory Will.
This might be considered if:
- The person’s financial or family circumstances have changed significantly.
- Their current Will creates unnecessary tax liabilities.
- There’s a clear need to update provisions for dependants or loved ones.
However, the Court sets a high bar. It must be satisfied that the person lacks capacity, that the proposed Will reflects what they would likely have wanted, and that it’s in their best interests. It’s a complex, often lengthy process — and not one the Court takes lightly.
What Attorneys Can Do
While attorneys can’t change a Will, they still play a vital role in protecting the donor’s interests. This includes:
- Managing finances and investments responsibly.
- Making decisions about care that may affect the estate.
- Preserving the value of assets for the future.
Attorneys must always act in the donor’s best interests and within the limits of their legal authority.
Planning Ahead: Protecting Your Wishes
If you’re thinking about setting up an LPA or have already received an inheritance, there are steps you can take to protect your estate:
- Keep your Will and LPA aligned – review both regularly, especially after major life changes.
- Choose your attorneys carefully – they should understand your values and be capable of acting responsibly.
- Include guidance – while not legally binding, written preferences in your LPA can help steer decisions.
- Seek legal advice – especially if you’re concerned about how your Will might be interpreted or challenged in the future.
If You’re Acting as an Attorney
If you believe the person’s Will no longer reflects their best interests, don’t act alone. Instead:
- Speak to a solicitor for advice.
- Keep detailed records of your concerns.
- Explore whether the person might regain capacity.
- Consider whether a Statutory Will application is appropriate.
Common Misunderstandings
- “I have LPA, so I can do anything.” Not true, your powers are limited and must be used responsibly.
- “The family agrees, so we can change the Will.” Even unanimous agreement doesn’t give legal authority to alter a Will.
- “It’s what they would have wanted.” Good intentions aren’t enough, legal processes must be followed.
Protecting the Vulnerable
These legal safeguards exist for a reason: to protect people who can no longer speak for themselves. The Office of the Public Guardian monitors attorneys, and the Court of Protection can intervene if there are concerns about abuse or mismanagement.
When to Seek Legal Advice
You should speak to a solicitor if:
- You’re an attorney and believe a Will needs to be changed.
- You’re concerned about how someone is using their Power of Attorney.
- There are disputes about inheritance involving someone who lacks capacity.
- You’re considering applying for a Statutory Will.
Get In Touch
Alex Sealy is the Head of our Wills & Probate team. He regularly advises on LPAs, Wills, Trusts, Probate and Estate Planning. We understand that these issues often arise during emotionally difficult times, and we’re here to provide clear, compassionate, and practical advice.
If you have questions or concerns, we’re here to help. Get in touch with one of our solicitors by calling 03330 606 853 or fill out our online contact form.
