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My father has power of attorney over my mother if he dies does it transfer to his executor?
No. A Power of Attorney expires immediately upon the death of the principal or the attorney-in-fact unless the Power of Attorney document provides for a named successor.
Can the executor of the will put the parent in a home?
No. As the executor of a will, your role as executor is not triggered until the party who named you executor dies. If the parent is still alive, you'd need a power of attorney (document) naming you as the power of attorney to make decisions for the parent in the event that the parent is incapacitated or incapable of making decisions on his or her own behalf.
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.
What happens if the person granted power of attorney as well as executor dies before the grantee?
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.
Is an executor the same as a power of attorney?
No, an executor and a power of attorney are not the same. An executor is responsible for managing a deceased person's estate, while a power of attorney is appointed to make decisions on behalf of someone who is alive but unable to do so themselves.
What is the difference between the power of attorney and the executor of a will?
A power of attorney is a legal document that gives someone the authority to make decisions on behalf of another person while they are alive. An executor of a will is a person appointed to carry out the instructions in a deceased person's will, managing their estate and distributing assets according to their wishes. The main difference is that a power of attorney is for managing affairs during a person's lifetime, while an executor of a will handles matters after their death.
In California can you be the executor and power of attorney?
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.
What is the difference between a power of attorney and an executor of estate in terms of their roles and responsibilities?
A power of attorney is a legal document that gives someone the authority to make decisions on behalf of another person while they are alive. An executor of an estate is responsible for managing and distributing a deceased person's assets according to their will. The main difference is that a power of attorney's authority ends upon the person's death, while an executor's responsibilities begin after the person has passed away.
If the executor of a will develops alzheimer's but has a power of attorney does then the power of attorney make executor decisions?
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.
What happens when the principal dies with his power of attorney?
A "power of attorney" refers to a written instrument, executed by one person (the principal) that allows another person (the attorney in fact) to act on their behalf. If the principal dies the power of attorney is extinguished. If the attorney in fact dies the principal must execute a new power of attorney that names a new attorney in fact.
What happens if you take money out of deceased dads bank account without power of attorney?
A power of attorney represents a living person, so any power of attorney is no longer valid. They would have to be on the bank account or the executor to legally take the money out.
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.
