Legal Question in Elder Law in Illinois

Re: POA vs the Executor

A Power of Attorney is a grant by a living person to exercise their powers on their behalf. It may be for property or for health care. It avoids the need for appointment of a guardian to manage an incapacitated person's finance or to make health decisions.

The executor is the person appointed by the court to administer the estate of a deceased person. In your will you may name the person you want the court to appoint, but they have no legal standing until the will is admitted to probate and they are appointed. If nobody is named, the court will appoint an administrator.

They are two completely separate functions -- during life and after death. In many cases a client will name the same person but that is not a legal requirement.