Power of Attorney

[momm2500]

What is the name of your state (only U.S. law)? PA

Does someone who has POA, authorized or approved in signing someone's name on a will? meaning (example) wife has POA over husband.....can he make a new will and she sign her name or even his name?

Thanks

 

[anteater]

can he make a new will and she sign her name or even his name?

The phrasing of your question raises a question. Does "he" have the testamentary capacity to make a will? And just does not have the ability to sign? Or is the agent writing or causing the new will to be written?

If he is making the will, then it would not even be necessary that someone signing on his behalf be an agent under a Power of Attorney.

§ 2502. Form and execution of a will.

Every will shall be in writing and shall be signed by the testator at the end thereof, subject to the following rules and exceptions:

(1) Words following signature. - The presence of any writing after the signature to a will, whether written before or after its execution, shall not invalidate that which precedes the signature.

(2) Signature by mark. - If the testator is unable to sign his name for any reason, a will to which he makes his mark and to which his name is subscribed before or after he makes his mark shall be as valid as though he had signed his name thereto: Provided, That he makes his mark in the presence of two witnesses who sign their names to the will in his presence.

(3) Signature by another. - If the testator is unable to sign his name or to make his mark for any reason, a will to which his name is subscribed in his presence and by his express direction shall be as valid as though he had signed his name thereto: Provided, That he declares the instrument to be his will in the presence of two witnesses who sign their names to it in his presence.