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Can a POA Change a Will? What Texas Families Need to Know

Can a POA change a will? This is a common question families ask when they are navigating estate planning, probate, or elder care for a loved one in Texas. At The Lange Firm, we frequently help families understand how powers of attorney (POA) work, especially when it comes to wills and estate documents.

In this guide, we’ll explore the question: can a POA change a will? We’ll clarify what a power of attorney can—and cannot—do in Texas and explain how this impacts the probate process.

What is a Power of Attorney (POA)?

Before directly answering can a POA change a will, it’s essential to understand what a power of attorney actually is. A power of attorney is a legal document that grants one person (the “agent” or “attorney-in-fact”) the authority to act on behalf of another person (the “principal”) in specific matters.

There are different types of POAs in Texas, including:

• General POA – Grants broad powers to the agent to handle financial and legal matters.
• Durable POA – Remains valid if the principal becomes incapacitated.
• Medical POA – Grants authority to make healthcare decisions.
• Limited POA – Grants authority for only specific tasks or time periods.

Can a POA Change a Will in Texas?

The short answer to can a POA change a will is no—a power of attorney does not give the agent the legal authority to change, revoke, or rewrite a person’s will in Texas.

A will is a personal, testamentary document that reflects the principal’s final wishes for their estate after death. Texas law views will-making (also known as testamentary capacity) as a power that only the person creating the will (the testator) can exercise.

Why Can’t a POA Change a Will?

To fully understand the answer to can a POA change a will, you have to understand the core legal principles behind wills. In Texas, creating, modifying, or revoking a will requires:

• Testamentary Capacity – The testator must be mentally competent.
• Voluntary Intent – The testator must make changes willingly.
• Proper Execution – The will must meet Texas legal requirements for signing and witnessing.

A POA is meant to assist someone with practical matters, such as managing finances or healthcare decisions. However, Texas law does not allow an agent under POA to exercise the principal’s personal testamentary power—which includes changing the will.

Can a POA Create a New Will for Someone?

Another version of the question can a POA change a will is whether a POA can create a new will on behalf of the principal. The answer is again no.

Texas law treats the creation of a will as an inherently personal action. Even if someone is mentally or physically unable to write or sign a new will themselves, their agent under a POA cannot create a new will for them.

Can a POA Make Changes to Beneficiary Designations?

This is an important nuance related to can a POA change a will. While a POA cannot change the will itself, certain types of POAs may allow the agent to change beneficiary designations on:

• Bank accounts
• Life insurance policies
• Retirement plans

However, this power must be explicitly granted in the POA document. It’s not automatically included in every POA. Because beneficiary designations can sometimes override a will, these changes can have a major impact on an estate plan.

Can a POA Override a Will After Death?

If you’re asking can a POA change a will, you might also wonder if a POA holds any authority after the principal passes away. The answer is no—a power of attorney expires immediately upon the principal’s death.

Once the principal dies, their will (if valid) governs the distribution of assets. The executor named in the will takes over the management of the estate—not the agent under the POA.

Can a POA Access the Will Before Death?

While can a POA change a will is clear (they cannot), a POA might be able to access the will if the POA grants them authority over the principal’s documents and records. This could allow the agent to locate the will if necessary, but not modify it.

Can a POA Help with Estate Planning?

Although the answer to can a POA change a will is no, a POA can play an important role in estate planning by assisting with:

• Managing finances to preserve assets for heirs
• Paying bills and maintaining property
• Gathering documents needed for estate planning
• Communicating with attorneys on the principal’s behalf (without signing new estate documents themselves)

Can a POA Change a Trust?

The answer to can a POA change a will also applies to revocable living trusts—a POA cannot usually modify or revoke a trust unless the trust document or POA document specifically allows it. Trust powers must be explicitly stated in the POA.

Who Can Change a Will in Texas?

If a POA can’t do it, who can change a will? In Texas, only:

• The testator (the person making the will) can change or revoke their will.
• Changes must meet the same formal requirements as creating the original will.

If the testator becomes incapacitated and can no longer understand the nature of the will, no one—including a POA—can change the will at that point.

What Happens if Someone Changes a Will Illegally?

If someone, including a POA, attempts to forge, alter, or unlawfully modify a will, Texas courts can declare the changes invalid and may impose civil or even criminal penalties. This is why the question can a POA change a will has such a firm legal answer—wills are protected documents.

Final Thoughts on Can a POA Change a Will in Texas

The answer to can a POA change a will is clear under Texas law: no. A power of attorney allows someone to assist with practical and financial decisions during the principal’s lifetime, but it does not give authority to alter the principal’s final wishes as laid out in their will.

At The Lange Firm, directed by Evan Lange, we help Texas families navigate probate, estate administration, and understanding powers of attorney in the context of estate planning. If you have questions about wills, powers of attorney, or probate in Texas, we’re here to help.

Please note: This blog provides general information and does not constitute legal advice. For advice on your specific situation, we recommend consulting directly with an attorney.