Can a durable power of attorney make a simple codicil for their demented spouse’s last will and testament?

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poabrent Asked July 2022

Can a durable power of attorney make a simple codicil for their demented spouse’s last will and testament?

This spouse has advanced dementia caused by Alzheimer's disease.

Alzheimer's & Dementia Power of Attorney (POA) Will

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Advice needed. Please read our history with our loved one. This journey began approximately 4 years ago. LO lived with us 3 years and received 24/7 care from us.
How do I spot mild dementia? What are typical symptoms?
Mom is 88 with heart disease and dementia. She restarted smoking 3/4 to 1 pack a day. If I don't buy them for her, she throws eggs etc. on my car.

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score 2 · Answer 1

No. Everyone’s answers to you is spot on.

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score 1 · Answer 2

No one except for the principle can change a Will. Here is a helpful article:

https://rmolawyers.com/can-you-contest-a-codicil-to-a-will

Helpful Answer (1)

Thanks. My wife made her last and only will 20 years past when she was well.
I, her spouse and poa am her sole beneficiary,
If I pre decease her our children wholly benefit “per stirpes.”
I want to codisil that to “per capita”.

(0)

score 4 · Answer 3

No, you do not have that power. The person who makes a will must be competent to do so, including any changes.

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Can a durable power of attorney make a simple codicil for their demented spouse’s last will and testament?

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