Power of attorney Will executor?

Question

If I have the power of attorney for someone seriously ill If they subsequently die and I am the executor of their will, have I still POA or does that cease at their death.

This is a question for the UK

Answer 1

Power of attorney ends at death. And there is no need for POA since it only says you can sign for someone, and once dead you can't sign for them

Once deed everything they had to into the estate, so you know start the role of executor and can sign for the estate

Answer 2

All POA's end upon death..every state....Before that person dies they need to have a TRUST made up..It only cost about 250.00 and they need to put their homes, cars, checking accounts, savingings account, any thing to do with money/property/real estate in that TRUST and the banks, lending institutions evrything must have a copy and THEY must incorporate this into the trust from their stand point..otherwise it must go thru PROBABTE..and that is a pain..just went thru it with a family member..what a headache this has been..Now if the perosn really doesn't have much say a few personal belongs, nic nacs, furniture type stuff etc, etc..no big deal you can dispose of that..There is a dollar value placed on things when dealing with Executors of wills, what you can and cannot do..Check your state laws first.every state is somewhat different in that area..A lawyer will charge you thru the nose to handle the estate especially if there is any $ or valued property..The Trust is the way to go to minimize your headaches..Good Luck..Also make sure that person has not only a POA but a LIVING WILL very very important..Keep checking you'll get the answer but you'll have to stay right on top of it..

Answer 3

Ask a lawyer for clarification. It's my understanding,( it's more "iron-clad" if it were in writing before the person deceased), that if a person is given power of attorney, which would automatically make them executor, they remain so at time of death. The only way that would change, as is my understanding, is(1) if a new will were drawn up prior to death naming a new executor (2) no executor were ever named and everything would be under state control.

Answer 4

Hi,

As you have power of attorney at the moment AND have been appointed an executor of the will, one role ends and the other begins at the time of death.

Technically being given POA makes you a trustee to act for the beneficiary, being the the person who is ill. I would suggest this is an expressed trust of sorts.

Your duty as a trustee ends with the death of the beneficiary and your duties to execute the wishes of the deceased through the will take effect.

Consult a specialist solicitor as the area of trust law is quite complicated and this is not the platform to explain it all to you.

Hope this helps though.

Answer 5

This depends on what state you are in and what the probate laws say.

But here in Texas:
The Will itself will name an executor. And if this person is seriously ill then they will not be able to change their will prior to death without a physician stating that the person is mentally capable of making that decision. The power of attorney only gives you the power to make decisions for the person while they are alive.

Answer 6

No, it ceases on death. After that, it is the executors of the will who take over. If you are concerned about funeral costs, etc. you will find that banks are prepared to release funds to cover these out of accounts held by the deceased even before letters of probate have been obtained. Otherwise, all assets are frozen once the person dies and things can only start moving again once probate has been granted. If you are in the position of having to pay bills, etc. in the interim, disbursements can be recovered from the estate.

Answer 7

in the Uk yes the POA ceases on death

Answer 8

I think you will still have POA, that is how it worked for my brother when our mother crossed over. He had POA and was Executor of the will.

Answer 9

the point of "poa" is to have access to someones estate.