It’s a question we’re asked regularly, and understandably so. When someone is no longer able to make decisions for themselves, families want to do what’s right. But can a Power of Attorney step in and change that person’s Will?

In most cases, the answer is no. A Power of Attorney, even with the best of intentions, cannot simply alter a Will. That said, there are limited and carefully controlled circumstances where changes may be possible through the courts.

Here, we explain what attorneys can and can’t do – and what your options are if a Will no longer reflects someone’s situation.

Understanding a Power of Attorney

A Lasting Power of Attorney (LPA) gives someone you trust the legal authority to make decisions on your behalf if you lose mental capacity. There are two types: one for property and financial affairs, and one for health and welfare.

While these powers are wide-ranging, they stop short of giving someone the ability to create or change your Will. That’s because making a Will is seen in law as a deeply personal act – one that requires mental capacity and understanding of the implications.

When the Court May Step In

In some cases, where a person lacks capacity and their existing Will is clearly outdated or no longer appropriate, it may be possible to apply to the Court of Protection for what’s known as a Statutory Will.

This is a formal process where the Court, rather than the individual, approves a new Will on their behalf. It’s usually considered when there have been significant changes in someone’s family or financial circumstances, or where their current Will could cause unfairness or unnecessary tax issues.

The Court won’t make such a decision lightly. It needs to be satisfied that the person can no longer make their own Will, and that the new version reflects what they would likely have wanted. It’s a high bar – and rightly so.

What Attorneys Can Still Do

Although attorneys can’t rewrite a Will, they still have important responsibilities. They might manage the person’s property, ensure bills are paid, make decisions about care that could affect inheritance, and protect the overall value of the estate.

Attorneys must always act in the person’s best interests and within the scope of the powers granted to them. Acting outside those powers – even with good intentions – could result in legal consequences.

Avoiding Problems Before They Arise

A key part of good estate planning is making sure your Will and LPA work in harmony. Regular reviews are vital, especially after major life events like a divorce, a new marriage, or the birth of a child.

When choosing attorneys, think carefully about who understands your values and can act sensibly on your behalf. You can also include written preferences within your LPA to help guide their decisions, even if those notes aren’t legally binding.

Above all, seeking early legal advice can help avoid future disputes. A properly drafted Will and LPA can provide peace of mind and a clear legal foundation if the unexpected happens.

If You’re Acting as an Attorney

If you’re in the role of attorney and believe a Will no longer meets the needs of the person you represent, it’s essential not to act unilaterally.

Instead, speak to a solicitor. Keep records of your concerns. In some cases, it may be appropriate to consider a Statutory Will application, but this should always be done with legal guidance and through the proper channels.

Common Misunderstandings

It’s easy to assume that holding an LPA gives someone wide control. In reality, it comes with strict limits. You can’t make a Will for someone, and even full agreement within the family doesn’t override legal safeguards.

Intentions matter – but they’re not enough on their own. The law is designed to protect vulnerable people from well-meaning but unauthorised decisions.

When to Seek Legal Advice

You should speak to a solicitor if:

  • You’re an attorney and are concerned that the current Will no longer reflects the person’s wishes
  • There are disagreements about inheritance involving someone who lacks mental capacity
  • You’re thinking of applying for a Statutory Will
  • You’re worried someone may be acting outside the authority of an LPA

How We Can Help

At FJG, we regularly advise attorneys, families and individuals on the complex relationship between Powers of Attorney and Wills. We understand the legal and emotional weight these decisions carry.

Gregory John is a Partner and Head of the Wills, Life Planning and Probate Team, based in our Chelmsford Office.

For further advice on the above subject please contact us on 08081 891 596, or via our online enquiry form.