my parents are def. they have never recieved any handicap or disability benefits. mom stayed home raised 3 boys. dad is retired from keebler as supervisor. oldest is made executor 8yrs ago .now believes that makes him power of attorneys. he says the youngest son who does live In the state is also on the power of attorney cutting the middle son out. my parents are older but are still alive and well. can he be their power of attorney ?
No!
Powers of attorney and wills are opposite. A designation of an executor under a will takes effect only AFTER death AND only AFTER a court approves the probate filing. The title means nothing now. A power of attorney is a separate document which only covers what is in the document and can only be effective before a person dies.
You need to have a family meeting to determine if there IS a separate power of attorney, and if not, why family members are acting illegally.
The executor of a will has responsibilities that take effect after a person dies. The executor does not have authority to make decisions about property while the other person is alive.
A power of attorney is used by a "principal" to give authority to an"agent" to make financial decisions in the event of disability.
You should have a family meeting and straighten things out. The focus needs to be on who will take care of your parents.
The Power of Attorney is used during the life of the individual giving the authority. The Executor is the one who has the authority after a person dies. The Power of Attorney ceases when the individual dies or withdraws the authority.
Hire an attorney to do the job right.
An agent under a power of attorney is someone who has the authority to handle your finances and property, and sign their name in your place while you are alive. Their power ends at your death.
An executor under a Will has the authority to handle your property and finances after you have passed away (and after their appointment has been affirmed by the Court.)
If they give him their power of attorney, then he can represent them as long as they are living. Power of attorney, however, is not given in a will. It is a separate document and it must be properly executed. It can also be withdrawn by the giver.
Darrell B. Reynolds,
Attorney and Counselor at Law
2385 Lawrenceville Highway, Ste D
Decatur, Ga. 30033
404-636-6616
The executor is named in a will.
The POA document is void upon death.
Your parents should obtain an attorney for review and explanation of their documents.
It is very possible they need to be updated.
