Legal Question in Wills and Trusts in Florida

I am setting up an estate plan in Florida and am wondering if the person I give a Power of Attorney to can change the beneficiaries in my will without my permission if I am mentally incompetent?


Asked on 7/16/17, 9:18 am

2 Answers from Attorneys
Barry Stein De Cardenas, Freixas, Stein & Zachary

If you are properly setting up an estate plan than you must have an attorney to accomplish all your wishes. Normally a power of attorney does not give the right to change testamentary wishes. you can certainly make sure the document states this. In addition, if you are incompetent the POA only has a right to act on your behalf during life and not change the distribution during death. Seek some legal help so you get this done correctly.

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Answered on 7/16/17, 10:13 am
Lucreita Becude Lucreita D. Becude, P.A.

The Durable Power of Attorney in Fl orida does not give the right to change beneficiaries in a will. It can also be restated in the DPA so that you feel more comfortable about it. If you are in the Duval County area, I will be happy to assist you.

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Answered on 7/17/17, 8:11 am


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