Q: Does a person who has the Power of attorney over someone have the power to change that person will and deeds?

A: It depends on the language in the Power of Attorney. You should consult with a lawyer who handles probate and real estate. If the person with the POA changes the will and deed to benefit themself at the exclusion of others it might be subject to challenge.

A: Probably not, a review of the Power of Attorney would be required and an understanding of what you are doing and why, any actions as the agent of a Power of Attorney must be for the benefit of the person who gave you the Power of Attorney generally speaking, unless there is something in the POA that states otherwise giving you certain power, but this is usually not the case. A Will is a very personal thing, a POA changing it would be inappropriate, changing of property deeds and ownership would also usually not be appropriate, in addition, Florida is extremely protective of Homestead Property, so if the property is Homestead, it is likely even if you could change ownership, you would do more harm than good. Also, making changes of the sort that you mention, opens matters likely up to potential financial abuse of elderly or some type of undue influence at minimal and or misuse of Power of Attorney as the agent of POA. These are just some general thoughts and issues that may arise, you really should work closely and consult in further detail with a Florida Estate Planning and Probate Attorney where you can provide more specifics and get a more precise response.

A: The will can only be executed by the testator (person who is leaving his or her property by will) or executed by another person in the presence of the testator and pursuant to his or her direction. So, unless it can be proven that the testator was present and told the person signing to do so, the will would not be valid if only executed by an attorney in fact (person who holds a POA).