Thankfully, no, they can't. Once you make your Will, only
you can change it. If you lose capacity e.g. because of dementia, someone
acting as your Attorney cannot make the decision to change your Will on your
behalf.
I say “thankfully” because I think it is reassuring to know that if I lose capacity, someone else can't unilaterally decide to make changes to what I have already decided. However, there are occasions when it would be useful, such as when it is known that my wishes have changed since I made a Will and I simply haven't got around to doing it before losing capacity or perhaps there has been a mistake in the original Will which has only recently been discovered. What happens in those circumstances?
There is, in exceptional situations, the possibility for the Attorney to apply to a Sheriff for power under the Adults with Incapacity (Scotland) Act 2000 to make a Codicil to a Will. For example, if a house is left to a specific beneficiary in terms of the Will but the house is sold because the owner has moved into care and it is no longer needed, then the Sheriff could direct that the proceeds of sale of the house continue to be earmarked for the beneficiary. However these sorts of situations are few and far between and so in general, an Attorney cannot change a Will for an incapax adult.
Another reason to make sure your Will is kept under review and up to date at all times. Seek independent legal advice to make sure your wishes are given effect to.
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