Q: A family member had a new will and POA made to change my aunt’s current one & she signed it against her wishes. Illegal?
The aunt had a nephew named as POA because her only daughter had died. The widowed son-in-law wanted control for his kids (the grandkids), so he had a lawyer make a new will and POA naming his kids. When she signed this new document she was distraught over her husband’s death and going thru many life changes. She is of sound mind and is angry they did this to her. In addition, they refuse to give her a copy of her own will and POA forms! I think this is totally illegal. I think she can do another will, put her nephew back as POA and state that the new papers supersede any previous. She feels she is stuck. Can she do new papers, without having access to the old, and will they be the legal documents in the end? Can the son-in-law get into legal trouble for having done this to an elderly person?
A: Yes, she can do a new will revoking all prior wills and she can do a new POA revoking all prior POAs. She should also notify anyone in possession of the original or copies of the revoked POAs that they have been revoked. She should have an estate planning attorney help her with this to make sure it is done right.
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