A Power of Attorney document and a Last Will and Testament document are not “active” at the same time, so no overlap in function exists for one or the other to “take precedence”.
A Power of Attorney document allows for the conduct of business on behalf of a person while that person is alive; a Last Will and Testament details the distribution of assets after a person’s death.
If a beneficiary in a Last Will and Testament believes a person with Power of Attorney is abusing the estate related to that Will, then a court action is required to prove such a claim and to end the Power of Attorney relationship. A judge would need to rule on the appropriateness of the actions of the person named with the power of attorney. Such litigation is complicated; Standard Legal suggests finding a local attorney to help with such litigation. To find a local attorney for FREE, visit Standard Legal’s Attorney Find page.
To easily and affordably create these legal documents without the need for an attorney, see Standard Legal’s Last Will and Testament legal forms software page and/or Standard Legal’s Power of Attorney legal forms software page.