THE DIFFERENCE BETWEEN A POWER OF ATTORNEY AND AN EXECUTOR

This is a common question when dealing with Estate Planning and Administration. Many people get these two terms confused and believe they are interchangeable when in fact the terms serve two separate purposes.

While a person is alive they can give the power to another person to make decisions and take actions on their behalf. This power is only effective so long as the person granting the power is alive. If that person dies, the power to act on that person’s behalf immediately terminates. A person should be careful when granting a power of attorney. Call an attorney at the Nading Law Firm if you are think you need a power of attorney for a complete understanding of the consequences of a power of attorney.

After a person dies, only a court appointed officer can act for that person’s estate. If it is necessary to open an estate, only then does the executor or administrator obtain the power from the court to act on behalf of the estate. If there is a will that person is called an executor. If there is no will that person is called an administrator. An executor or administrator is subject to the direction of the Court. The Executor named in your Will, does not have the power to act on your behalf will you are still living.

Let an attorney at the Nading Law Firm help you through the difficult time following the death of a family member.