You can be asked to serve as both, but not at the same time. And executor cannot do anything before death and a power of attorney expires on death.
A power of attorney expires on the death of the grantor. The executor needs a letter of authority.
A Power of Attorney is extinguished when the principal dies. The attorney-in-fact has no power to do anything. The probate court appoints the executor or administrator for the estate.
In most cases they would not be able to serve in that capacity. The court is not likely to appoint someone with Alzheimer's to serve as executor.
The power of attorney cannot change the will. That is not legally allowed.
You do not have the power to do so. Only the testator can change the will. You can always decline the responsibility and the court will appoint someone else.
power of attorney, executor, or executrix
A power of attorney only represents a living person. After their death, the court appoints an executor.
Anyone can serve as executor. The Power of Attorney died with the grantor.
A power of attorney is granted for a living person. It expires on their death and the executor takes over.
If the person granted power of attorney and executor dies before the grantee, then the power of attorney is terminated, and the grantee would not be able to rely on the power of attorney anymore. The executor's role would typically be carried out by an alternate executor named in the will, or the court may appoint a new executor if there is no alternate named. It is important to regularly review and update estate planning documents to ensure contingency plans are in place.
Yes. A person can name the same individual as their attorney in fact under a Power of Attorney and as the named Executor in their Last Will and Testament. Generally, a Power of Attorney is extinguished by law at the time of death of the principal. At that time the person named as Executor needs to petition the Probate Court for appointment as Executor.
A power of attorney represents a living person. After their death, the power of attorney has no power to do anything, the executor takes over.