Legal Question in Wills and Trusts in New Mexico

Power of Atrorney

Can a person have power of attorney and be executer of the last will and testament?


Asked on 10/12/02, 8:46 pm

3 Answers from Attorneys

Steven Tarta Steven Wayne Tarta, Attorney At Law

Re: Power of Atrorney

Yes, no problem

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Answered on 10/15/02, 5:52 pm
Douglas Barr The Barr Law Firm, P.C.

Re: Power of Atrorney

Unless other circumstances exist that your question doesn't reveal, the answer is "yes". Different types of Powers of Attorney exist, however, so you should have an attorney review it before you attempt to use it. If you need more information, send me an email at "[email protected]."

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Answered on 10/14/02, 2:15 pm
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Power of Atrorney

Yes. There is nothing which prohibits a Personal Representative from also being an attorney-in-fact, and a PR commonly holds both positions of trust, particularly in Medical Directives and POA's for health-care.

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Answered on 10/13/02, 11:21 am


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