Can an Enduring Power of Attorney Override a Will? What You Need to Know

Two of the most important legal documents you will encounter when planning your future will include a Will and an Enduring Power of Guardianship. Although they each have a particular role to play, it is not entirely clear how they integrate, and more importantly, whether an Enduring Power of Attorney can override a Will.

This guide clarifies the uses of these legal tools and outlines the crucial aspects associated with these two concepts.

What is an Enduring Power of Attorney?

An Enduring Power of Attorney is a legal document, which, through the person to whom you have given greater authority (the attorney), permits you (the donor) the Power of Attorney of making your financial and legal decisions.
Compared to a general Power of Attorney, which cannot be applied when you lose mental capacity, an Enduring Power of Attorney can be exercised during such times as well.

It is worth noting that an Enduring Power of Attorney is restricted to financial, legal, and property matters decisions. They cannot make lifestyle, medical, or personal welfare choices. Those are within the province of an enduring power of guardianship, which is a different legal form. A person can nominate different individuals for these positions, or the same individual for both, as they see fit.

What a Will Covers

A Will is a legal document that takes effect only after your death. It contains how you wish your property and affairs to be divided after your death, by naming your executor (the individual to execute your wishes). It may even have provisions of guardianship for your minor children.

Neither of the two documents acts against each other because a Will only takes effect after death (a Will only comes into effect when you die). In contrast, lawyers for Enduring Power of Guardianship operate during your lifetime.

Can an Enduring Power of Attorney Replace a Will?

No, an Enduring Power of Attorney can’t replace a Will. The two documents work at different times and for various reasons:

• Lawyers for Enduring Power of Guardianship work while you are alive, specifically when you are unable to handle your financial affairs.
• A Will works after you die, outlining how your estate will be distributed.

Since an EPA loses legal effectiveness as soon as you die, the lawyer you entrusted cannot have control over your estate or the administration of your Will. Instead, your executor will take over and execute your post-mortem wishes.

Where Conflicts May Occur

Even though lawyers for Enduring Power Of Guardianship cannot invalidate a Will, there can still be points of concern, particularly if the lawyer abuses their power before the death of the donor. Typical examples include:

• Misuse or mismanagement of money: A lawyer may draw on bank accounts or move assets to themselves or other people inappropriately.
• Transfer of asset ownership: When a lawyer transfers or sells assets that are to be inherited, this may indirectly change the effect of a Will.
• Conflict of interest: When the lawyer is also a beneficiary under the Will, their financial decisions during the lifetime of the donor may be brought into question afterwards.

They tend to create legal conflicts and are usually dealt with by will dispute lawyers who can investigate whether the lawyer has been acting within their mandates.

Legal Protection and Monitoring

In case there are indications that a lawyer is abusing their authority, affected parties are free to pursue legal actions. Courts can:

• Require a detailed accounting of financial activity
• Take away a lawyer who is not in the best interest of the donor
• Appoint a financial guardian or administrator if needed

In these instances, lawyers representing Enduring Power of Guardianship and estate planning professionals can be highly influential in guarding the interests of vulnerable persons and future recipients.

Can a Will be Contested on the grounds of EPA Decisions?

An Enduring Power of Attorney cannot override a Will, but conflicts can occur if decisions made by will dispute lawyers change the structure or value of the estate. For example:

• If assets are gifted or sold by the lawyer before death
• If a beneficiary feels that the lawyer was taking advantage of the donor while he was being manipulated
• These are special cases and usually need the services of Will dispute lawyers. They can investigate and ascertain whether the lawyer’s actions influenced the justice or legitimacy of the Will’s results.

Conclusion

To avoid a conflict or misunderstanding in the future, it is significant to state your wishes clearly in your Will and your Enduring Power of Guardianship. These two documents require study and improvement when you change your wealth or family background.

Seeking legal counsel will see to it that both files are prepared correctly and that they will not be in direct conflict with each other. Although an Enduring Power of Attorney is a powerful tool to manage your property and finances during your lifetime, it will never become a priority over your Will.