A durable power of attorney is only valid during a person’s lifetime. It is used to give legal authority to someone else, to carry out actions on behalf of the person signing the document. It expires upon that person’s death.
At that point, the will becomes valid and indicates who succeeds to the deceased person’s assets. Prior to a person’s death, a will has no legal effect.
So the two legal documents are mutually exclusive: a power of attorney during life, a will following death.
