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Tenahig Asked November 2021

Did my grandmother's POA have the authority to rewrite her last will and testament and have her sign it without lawyer present?

My grandma was 90 yrs. old. Poa rewrote will and had her sign it two days before her death.

GardenArtist Nov 2021
I think this also turns on the issue of "rewriting."  Did the proxy copy an old Will and add new or different provisions, or did she create the Will herself, then ask your GM to sign it?    Who witnessed it?  Were there 2 witnesses, whose signatures were notarized?

Either way, it raises questions in my view.   But this could also depend on how long the proxy acted as such, whether she was a relation who would benefit from your GM's death, what their relationship was, and perhaps more issues.

Has anyone compared the two Wills to determine what might have been added or eliminated from the "new" will?  If the proxy wasn't named as an heir or otherwise benefited from the old will, but would do so under the new one, I'd say that's a clue that requires more investigation.

MJ1929 Nov 2021
You can write a will without a lawyer, but it needs to be notarized to be taken completely seriously. One that was written two days before death would be pretty suspect, and if there's a lot of property at stake, it'd be worth contesting it.
Geaton777 Nov 2021
MJ1929,

"A will doesn't have to be notarized to be valid. But in most states, you'll want to add a 'self-proving affidavit' to your will, which must be signed by your witnesses and notarized. "

Source: https://www.nolo.com/legal-encyclopedia/how-sign-your-will-the-will-signing-ceremony.html

Hospitals usually have on-site notaries, and in sometimes in facilities as well.

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Geaton777 Nov 2021
How do you know she recently rewrote it? If she did, are you saying the PoA influenced her decision to change it?

If your Grandma had trouble writing then anyone could have written it for her, as long as she signed it and she had all her capacity to understand what she was doing. If she had a medical diagnosis of cognitive impairment in her records then it would be iffy. A person can have some impairment and still be considered competent enough (through a private interview with the attorney) to create a new legal document for themselves. So, if you have evidence you can take it to a lawyer and they'll tell you whether you have a strong enough case to contest it or not. There might be other avenues to contest it, but I'm not familiar with those. I'm sorry for your loss.

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