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Why can't the power of attorney and executor of the estate be the same person?
Wiki User
∙ 9y ago
A power of attorney is extinguished upon the death of the principal. An executor is the person appointed by the probate court to handle a decedent's estate. One office serves the living and the other office serves the deceased.
Wiki User
∙ 8y ago
Wiki User
∙ 9y agoThe power of attorney ends at the death of the individual. The executor of the estate does not get appointed until after the individual has died.
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Can the person who is the executor of an estate and has power of attorney CHANGE a will?
The power of attorney cannot change the will. That is not legally allowed.
How does the power of attorney assign an executor to and estate?
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.
Getting power of attorney after parent is dead?
You can't. Power of Attorney is only for people who are alive. You can however petition to become the executor of that person's estate.
What is the difference between Executor and Power of Attorney?
A POA allows an attorney in fact to act on behalf of the principle while the person is living. It is extinguished upon the death of the principal. An executor is appointed by the probate court to settle a testator's estate after their death. An executor is often named in a will but must be appointed by the probate court. An executor only has power after the death of the testator and only after they have been duly appointed by the probate court.
Is power of attorney possible to be obtained on a deceased individual?
No, a power of attorney represents a living person. You may be able to be appointed executor of the estate.
How do you get a power of attorney for a deceased sibling?
A power of attorney represents a living person. After their death, you would apply to be executor of their estate with the probate court.
Do you need a power of attorney after your dads death?
A power of attorney can only represent a living person. After death, the court will appoint a an executor for the estate.
Is there a such power of attorney that controls a deceased persons will?
No there is not such a thing. A power of attorney ends with the death of the person granting it. The court will appoint an executor that controls the estate.
Can you get a power of attorney for a dead grandson?
No. The power of attorney comes while the person is alive. You need to go to probate court and become executor of his estate.
What if a mother dies and the sons do not have power of attorney arranged?
A power of attorney only represents a living person. After their death, the sons will have to have the court appoint an executor for the estate.
How does the daughter of a deceased person obtain power of attorney to access medical notes?
The power of attorney only represents a living person. You would need to have a letter of authority as the executor of the estate.
Can you get a power of attorney of your parents estate if they are deceased?
Yes, a person has the authority to name whomever he/she wishes. Additionally, that person can name multiple agents for power of attorney.
