If a person is incapacitated and does not have a Will can the DPOA have a Will written for them?

I should add that a person can be incapacitated, but still be mentally competent. Some people with dementia maintain some competence throughout life. The family and health care team are the best judges of this.

It depends on if the person is of sound mind. This is one of the stipulations for any contracts and for a will -- that the person be of sound mind and acting under their own free will (free of duress). The POA can have the will drawn up, but it has to be signed by the person him/herself. If the person signs it, then it can be challenged if the person has been deemed to be mentally incompetent or under duress at the time of signing. If the will is logical, as was the case Pam wrote about, then probably no one will contest it, even if the conditions were questionable. A POA cannot sign the will themselves. If that were so, a POA could rewrite a will anytime they wanted. Wills and final directives have to be done before a person becomes incompetent.

Very dicey prospect here. If the POA writes a Will and signs the Will and names themselves an inheritance of any kind, NO. On the other hand I did write a Will for my father, naming his wife as sole heir, he signed it, I witnessed it and the Judge approved it. You have to be very squeaky clean.