It’s one of the most common questions agents ask, often out of worry: as someone’s Power of Attorney, can you change their will? In almost every case, the answer is no — and understanding why protects both you and the person you’re helping.
A will is personal — only its owner can change it
Making or changing a will is what the law calls a personal act. It has to reflect the true wishes of the person whose will it is (the testator), made while they have the mental capacity to decide. An agent under a Power of Attorney stands in for the principal on financial and legal matters — but not for something as personal as who inherits their estate. So you cannot rewrite, revoke, or “update” your principal’s will on their behalf.
What a Power of Attorney *can* do
Plenty — within the document’s limits:
- Manage bank accounts, bills, and property while the principal is alive
- Handle taxes, insurance, and benefits
- Make financial decisions the document authorizes
What none of that includes is redirecting who gets what after death. That’s the will’s job, and it belongs to the principal alone.
The gray area: gifts and beneficiaries
Here’s where agents get into trouble. Some Powers of Attorney *do* allow limited gifting or changing beneficiary designations — but only if the document specifically grants that power, and even then it must be done in the principal’s interest, not yours. Changing a beneficiary or making large gifts without clear authority can look like self-dealing or an attempt to rewrite the estate plan through the back door. When in doubt, don’t — and read Power of Attorney, gifting, and beneficiaries.
The clean mental model
A Power of Attorney works while the principal is alive and ends the moment they pass. A will does nothing while they’re alive and takes over after death, run by the executor — a different role entirely (Power of Attorney vs. executor). Keep those lanes separate and you’ll stay well inside your authority.
For the full picture of what your document does and doesn’t let you do, the POA Handbook lays it out for your state.
_This article is plain-English education, not legal advice. Power of Attorney law varies by state, and reading it does not create an attorney–client relationship. For guidance on your specific situation, talk with a licensed attorney in your state._