deciding who should be executor and financial power of attorney

As with naming an executor, you should first make sure the person would be comfortable in that position. You should also let them know your wishes in advance (i.e., do not resuscitate order), Persaud said. For financial powers of attorney, the person should have the same general characteristics as the executor.

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Can a financial power of attorney do the same as an executor?

Mar 05, 2021 · For financial powers of attorney, the person should have the same general characteristics as the executor. This individual would be able to act on your behalf to handle your finances (i.e., paying...

What are the characteristics of a financial power of attorney?

Jun 15, 2021 · For financial powers of attorney, the person should have the same general characteristics as the executor. This individual would be able to act on your behalf to handle your finances (i.e., paying...

How do you choose an executor of an estate?

Oct 28, 2019 · Among the many people who might have a hand in your estate plan, it’s important to think of who should act as your will’s (or trust’s) executor , and who should be given durable power of attorney (if at all). An executor is someone who oversees and administrates the process of fulfilling a will or trust, making sure your will is properly carried out after your passing.

What happens to a power of attorney when the principal dies?

Jul 24, 2019 · The two roles won’t overlap. Power of attorney is only effective while you’re alive and executors only assume responsibilities once you pass away. However, you should keep in mind that these are both big jobs with a lot of responsibility. Appointing the same person to both roles may be asking a lot of him or her.

How to choose an executor of a will?

Here’s how to decide who’s a good fit for executor of your will 1 On top of choosing an executor — the person who ensures your wishes are carried out at death — it also is important to name decision-makers for your finances and health care in case you reach a point in life when you cannot tend to those things yourself. 2 Not everyone is cut out for these key estate-planning roles. 3 These expert tips can help you make appropriate choices.

What is the importance of choosing an executor?

On top of choosing an executor — the person who ensures your wishes are carried out at death — it also is important to name decision-makers for your finances and health care in case you reach a point in life when you cannot tend to those things yourself. Not everyone is cut out for these key estate-planning roles.

What is estate planning?

An estate plan — regardless of whether your assets are massive or meager — aims to ensure your wishes are carried out at death and to provide some guardrails for other end-of-life considerations.

What does a power of attorney do?

For the medical side, the person with the power-of-attorney designation can make important health-care decisions when you cannot. If you create what’s called a living will — which states your wishes if you are on life support or suffer from a terminal condition — this can help guide your proxy’s decision-making.

How often should I revisit my estate plan?

You generally should revisit your estate plan — even if it consists of only a will — every three to five years, said Davis of Hall Estill. If you experience a major life change before that (divorce, birth of child, major asset acquisition, etc.), it’s worth reviewing sooner.

What happens if you die without a will?

If you die without a will (called dying “intestate”), the courts in your state decide who gets your assets. The process is public and can become messy if would-be heirs disagree over what should be rightfully theirs.

How many separate documents are needed for a power of attorney?

It’s worth drawing up two separate documents for powers of attorney: one for health-care decisions and the other for your finances. Many people end up naming separate individuals to serve in those roles.

What is the difference between a power of attorney and an executor of a will?

The main difference between an agent with power of attorney and the executor of a will is that one represents a living person while they are alive, and the other represents a decedent’s estate while they are dead. The two do not intersect at any point. This effectively means that one person can fulfill both roles.

Who picks the executor of a will?

An executor is critical, and one will always be chosen by the probate court. The courts will usually choose whoever is listed as executor in the will, unless there’s clear evidence that they are not fit for the role. They can also refuse to take responsibility. In that case, the court will usually pick another relative.

What is the role of executor in probate?

Generally, an executor is in charge of the decedent’s will, representing the estate in the probate process, and taking on the responsibility of executing the will, and fulfilling a series of duties during the probate process, including: Kick-starting the probate process by ...

What is an executor of a will?

An executor is someone who oversees and administrates the process of fulfilling a will or trust, making sure your will is properly carried out after your passing. An executor’s job begins after you’ve passed away. Someone with a power of attorney gets to work while you are still alive, yet unable to make choices for yourself.

What is a POA?

What Is a Power of Attorney (POA)? A power of attorney is a document that gives someone the ability to act on behalf of the document’s grantor or principle, usually within certain limits, and with different documents detailing different capabilities.

What is a durable power of attorney?

It simply gives them the ability to act on your behalf, just as you might. Even more limited is a limited power of attorney, which specifically gives someone the right to act on your behalf within very specific parameters, such as only being able to sign on your behalf for a specific cause, or for one day. A durable power of attorney gives your ...

How to secure your estate after death?

You can secure your assets through trust agreements and a well-written will, but the management of your estate during and after your death will require the calm and experienced hand of a trusted friend or professional.

What is a power of attorney?

Power of Attorneyis a legal document that gives an individual the authority to make decisions on behalf of someone else, often when the latter person has become incapacitated or is otherwise unable to make her own decisions. Someone with power of attorney is often referred to as the agent.

What are the different types of power of attorney?

There are a few different kinds of power of attorney. The two most common two varieties are general power of attorney and medical power of attorney. General power of attorney gives an agent the power to make a wide range of decisions on financial matters, business transactions, retirement accounts and more.

What is probate process?

The probate processis the act of filing the deceased’s will with the appropriate probate court, locating and collecting all the assets, paying off all debts associated with the estate and distributing what’s left to the proper beneficiaries. The executor must be extremely organized and detail-oriented.

What are the roles of an estate planner?

Two of the most prominent of these roles are the executor of your estate and your agent with power of attorney. The two roles may be filled by the same person, but the roles themselves are very different.

Can a power of attorney be durable?

Power of attorney can be either durable or springing. If you sign a document giving durable power of attorney, your agent can immediately start making decisions on your behalf. With springing power of attorney, your agent will assume authority only once certain conditions has been satisfied.

Can a power of attorney and executor overlap?

The two roles won’t overlap. Power of attorney is only effective while you’re alive and executors only assume responsibilities once you pass away. However, you should keep in mind that these are both big jobs with a lot of responsibility. Appointing the same person to both roles may be asking a lot of him or her.

What is the role of an executor?

Executor and Trustee. A Trustee and Executor have very similar roles. They are the persons you appoint to manage your estate after you pass away . They also have very similar responsibilities as a Power of Attorney, since they will manage your finances upon your passing. A Trustee and or Executor will have the responsibility of, managing, ...

What are the responsibilities of a power of attorney?

Power of Attorney. The person you select as a Power of Attorney will be responsible for managing your assets, paying your bills, and managing your business dealings if you should become incapacitated. Basically, this person acts in your stead when it comes to your finances.

What is the role of a trustee?

A Trustee and or Executor will have the responsibility of, managing, and distributing your assets to your desired beneficiaries upon your passing. Similar to a Power of Attorney, a trustee has the duty to pay your bills, and properly manage all of your investments. A Power of Attorney, Trustee, and Executor have substantial powers, ...

What to do when selecting a family member?

You can avoid litigation, costly delays in distributing assets to your beneficiaries and heirs and prevent unnecessary and costly will and trust contests.

Why do you need a professional fiduciary?

A professional fiduciary is also required to carry a bond as insurance; if the professional fiduciary is found to have misappropriated your estate assets, it can be recouped quickly.

Can a family member be sued for fraud?

If you appoint a family member who does not have the financial expertise required to administer your estate properly and instead mismanages your estate or account, they can be sued personally. In addition, they can be held criminally liable for fraud.

Is a trustee a bad person?

The Trustee was not a “bad” person, just inexperienced in handling such complex financial matters. If you know this person does not have the capacity and or willingness to handle complex financial transactions, you should not appoint them as they can be sued, and even jailed for mismanagement of your assets.

Estate Planning Documents

When a person creates an estate plan, their attorney will usually recommend that they execute several documents at the same time, so that they have complete protection. These usually include a will, a health care advance directive, and a power of attorney. A living trust might also be included.

The Role of an Executor

A last will and testament is a document that directs how a person’s (called the testator) belongings and assets will be distributed after their death. The will names beneficiaries, the people who will receive those bequests. Someone has to actually carry out the testator’s directions and ensure that the beneficiaries receive their bequests.

The Role of an Attorney-in-Fact

A power of attorney is a document that is valid only during the life of the principal (the person creating it). It gives authority to another person, called the attorney-in-fact (some states call this an agent), to make financial or business decisions for the principal.

About Author

Brette Sember is a former attorney and author of books including The Complete Divorce Guide, The Complete Divorce Organizer & Planner, and The Empty Nest Financial Guide. Her website is BretteSember.com.

What is a Financial Power of Attorney?

A Financial Power of Attorney is the part of your Estate Plan that allows you to grant authority to someone you trust to handle your financial matters. Your Financial POA (also known as an Attorney-in-Fact) can step in when and if you’re ever unable to make financial decisions on your own due to incapacitation, death or absence.

What is a Durable Financial Power of Attorney?

A Durable Financial Power of Attorney is just the term used that denotes someone can act even after you become incapacitated and can’t express your will or make decisions. It’s not uncommon to wonder what powers does a Durable Power of Attorney have - and we’ll cover that in a bit.

How to Choose a Financial Power of Attorney

Choosing your Financial POA can be a bit daunting, but you want to take the time to make sure you’re confident with your decision and that you trust the person you name. In the long run, it will be well worth the time you’ll spend deciding.

Why do I Need a Financial Power of Attorney?

A Financial Power of Attorney is a component of your Estate Plan that ensures financial matters in your estate and are handled appropriately and responsibly. Knowing that your financial responsibilities, investments, retirement, bills and everything else in your financial world is in good hands can be a great source of comfort.

What does it mean to be a power of attorney?

Be the best power of attorney that you can be. When you’re chosen as an executor, you act on behalf of someone’s estate after they’ve passed away. When you act as a power of attorney (POA), you legally act on behalf of someone’s best interests while that individual is still alive but unable to do so on his or her own.

What to do if someone chooses you as a POA?

Financial abuse is a serious issue. If a person has chosen you as a POA, he or she is relying on you to act on his or her best interests and not your own.

Is it easier to have two executors?

Typically, having one is thought to be easier – less time, less paperwork. However, it is your estate and if you have your heart set on having two executors (such as both of your children), you can do so.