What is the difference between Power of Attorney and executor of the will? Does the POA end with the passing of that person? If she had a will, but no executor named, does the POA become the executor? Or do all 3 kids need to go to probate since there is no executor?
My Dad passed, my Mom needs to get affairs in order. Also lets say Mom breaks a hip, my sister is the POA, and says she needs to go into a nursing home, She is the POA, can I as a son say no, I want her to live with me? Mom needs to make some decisions.
I want whats best for Mom. I never want to see her in a home. As far as the will it has no executor named, just says 3 way split between the 3 kids. So Mom has to name a POA & choose an executor. It would probably help if the three kids remotely liked or trusted each other.
2007-03-29 16:13:32 · 8 answers · asked by John c 1 in Politics & Government ➔ Law & Ethics
Yes, POA ends when the person dies. No the POA does not become executor of the will. That is a whole new thing. If, there is no Executor named then there has to be a probate. It makes everything so much easier if there is a Executor of the Will and cheaper also. But not everyone gets this done and really should just go ahead and do it at the time of giving someone POA. Can be two separate people named for both positions if that is wanted.
There were 4 kids in our family and my mother had two of us named Executor of the Will.
POA only comes into play if the person can no longer make their own decisions, another words to the point they are incompetent, Alzheimer's or such. Another words, just because your mom broke a leg or whatever, she still can make her own decisions. POA also can be revoked by the family if the person that has that power mis- uses it.
For instance, if the POA is handling your mom's money and bills, they have to account for every cent they spend. If a person was unscrupulous and taking that money for their own use, the family can step in and have that power revoked.
2007-03-29 16:37:00 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Executor Power Of Attorney
2016-12-26 11:50:47 · answer #2 · answered by ? 4 · 0⤊ 0⤋
A POA ends with the death of the person who signed it. If no executor is named, any or all of the children or the surviving spouse can apply to serve as administrator "with the will annexed" or some similar phrase. Whoever has the original will usually must bring the will to probate soon after the death of the testator.
If your sister is the attorney in fact of your mother's POA, she may get to decide what happens to your mother, but if the POA is silent about her wishes, you can challenge the sister's decision in court. Talk to a lawyer who specializes in elder law.
2007-03-29 16:25:13 · answer #3 · answered by thylawyer 7 · 0⤊ 0⤋
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.
2016-03-18 06:14:28 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Power of attorney works while the person is alive, and gives the agent authority to make decisions on behalf of the person.
The executor of a will only takes his position after the person dies, and is limited to carrying out the instructions contained in a will, as interpreted and confirmed by the probate court.
2007-03-29 16:27:52 · answer #5 · answered by coragryph 7 · 0⤊ 0⤋
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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
2016-04-06 01:42:06 · answer #6 · answered by Anonymous · 0⤊ 0⤋
They're two very seperate things. Power of attorney allows you to make decisions for someone, and they are as binding as though the person themselves had made the decisions. You can make contracts, make medical decisions, and enter into agreements on that person's behalf.
The excutor of a will is the person who sees that the provisions of the will are carried out; while they have some power to decide things that the will does not address directly, they don't have the power to negate a portion of the will, or change specific provisions of it.
2007-03-29 16:20:19 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Power Of Will
2016-10-30 03:35:20 · answer #8 · answered by Anonymous · 0⤊ 0⤋