Legal Question in Wills and Trusts in California
Changing executor of will
If an executor has been named in a person's will several years prior to that person being declared incompetent, can that person's appointed guardian and/or a relative with a durable power of attorney appoint a new executor even though the original one is competent and willing to handle the duties of executor? Can the person with guardianship change the details set forth in the will and leave the estate to whomever they wish? Can they change the names of beneficiaries named on insurance policies?
2 Answers from Attorneys
Re: Changing executor of will
Usually, the answer is no regarding changing the executor or beneficiaries. However, one would need to review the power of attorney document. It could give that person the power to do so, but that would be extremely rare.
Re: Changing executor of will
A power of attorney can (must be specific) grant the power to change beneficiaries, but it can't be used to change a will.
A will could be changed with approval of the court and a court order, but short of that, I'm not aware of any other way when the person is incompetent.
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