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Can the POA and executor be the same person?

Does the same person have to be the POA and executor of the will?
Status: Open    Sep 05, 2014 - 12:06 AM

Elder Law

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Jul 22, 2015 - 10:49 AM

The same person can serve in both roles. There is nothing at all wrong about that, in fact, it is probably more common than not. However, there is no "at the same time" because the POA ends at death and the role of executor only begins after death once the Will is admitted to Probate.
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By lilliegrace3 on Feb 16, 2017 - 10:00 AM | Like (0)  |  Report

My mother was named executor of her husband's estate. However, my mother now has a POA. Can that POA be executor?

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Jul 22, 2015 - 11:36 AM

A power of attorney (and the agency relationship created thereby) terminates upon the death of the principal. An executor is nominated in a person’s last will & testament and does not take office until (with only a few exceptions) the will is duly admitted to probate and the court grants “letters testamentary” to the executor. Many times, a person who is executing an estate plan will appoint the same person to serve as attorney-in-fact in their powers of attorney and to serve as executor of their will. This is not necessary, but it is somewhat common, because the appointee is a person of trust for the principal/testator.

Jul 23, 2015 - 12:37 PM

A person's appointed attorney-in-fact can also be the same individual appointed as Personal Representative (executor) of that person's Last Will and Testament. There is no requirement that those roles be filled by the same person, nor is it required that different people fulfill those roles. The roles and their respective duties are distinct, but keep in mind that the attorney-in-fact typically only serves in that role until the principal (the person for whom the attorney-in-fact is acting) dies. The Personal Representative (executor) role does not begin until the decedent passes away and the PR obtains Letters Testamentary from the Court.

Jul 23, 2015 - 12:50 PM

Yes, you may certainly name the same person to serve as your financial agent (under the POA) and your executor (under the will). Your financial agent serves during your lifetime, and your executor serves after your death. In fact, having the same person in both roles can ease the transition at the time of your death, since your named executor would have some familiarity with your property and financial assets. That being said, it is not a legal requirement, and you may appoint anyone you choose to serve in either role.

Jul 23, 2015 - 02:06 PM

You can definitely name the same person as Agent and Executor. The agent serves while you are living, but upon your death can no longer serve as Agent. That person can then be named and appointed as Executor to handle your will.

Jul 30, 2015 - 08:06 AM

Can the POA and Executor be the same person? The simple answer is yes. A power of attorney is a nomination of an agent to act on your behalf for either healthcare or financial purposes or for both, while you are living. The powers granted in the Power of Attorney end at your death. Your executor is the person you name in your Last Will and Testament to carry out your financial affairs after you pass. Since both positions should be held by someone you trust to carry out your wishes, it is common for the Power of Attorney and Executor to be one in the same.
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