Q&A

Can a health care proxy be an executor?

Can a health care proxy be an executor?

Some states combine them into one document, and some allow a single document to give the same person power of attorney and appoint them health care proxy (“health care power of attorney”).

What happens when siblings don’t trust Poa?

When the siblings don’t trust the person named as POA, what Anderson often sees happen is constant questioning about their decisions. One or multiple siblings may always appear to be on the agent’s back, challenging each and every choice they make, she says.

Can a sibling with power of attorney prevent other siblings?

People also use powers of attorney for purposes other than estate planning, such as giving someone else authority to sign for them at a real estate closing. In such situations, the potential for the attorney-in-fact to abuse his or her power by refusing to allow siblings to see their parent is much less likely.

What can a durable health care proxy do?

A durable health care POA, sometimes called a health care proxy, is one form of advance directive and it allows the agent to make important medical decisions for you if you become incapacitated.

Some states combine them into one document, and some allow a single document to give the same person power of attorney and appoint them health care proxy (“health care power of attorney”).

Can a PoA change the executor in a will?

So if the goal is to change the executor in the will, the testator will need to execute a codicil (a modification to the will) or sign a new will. An agent can not change the will of the principal, even with a POA. P. Simmons, Attorney

Who is the best person to appoint as an executor of a will?

You may also wish to appoint a professional, such as a lawyer, accountant, bank, or trust company, as executor or co-executor. To help ensure that the needs of your minor children are taken care of in the event of your death, a legal guardian to care for them is usually named in the will.

What can an executor do if someone challenges a will?

If someone challenges the will or it ends up in probate court, the executor helps to validate it. Arranges for and supervises the distribution of the testator’s assets and property.

Do you need an attorney to change the name of an executor?

You do not need an attorney – if you are just changing the name of an executor from executor A to executor B. However, it really helps to have an attorney involved in the process especially if you are making other changes to the will.

So if the goal is to change the executor in the will, the testator will need to execute a codicil (a modification to the will) or sign a new will. An agent can not change the will of the principal, even with a POA. P. Simmons, Attorney

Do you need to create a new will to change the executor?

You don’t even need to create a new will to do it. If you’re making significant changes to your will, you may want to draw up a new one entirely. But if all you want to do is change the executor of your estate, you can simplify the process and add a “codicil” to your will.

Can a personal representative be the executor of an estate?

Some states refer to this role as the executor or administrator of your estate. This person has the authority and responsibility to settle and distribute your estate after you die. There are many reasons to change your personal representative and name someone else.