Legal Question in Wills and Trusts in New York
Power-of-attorney
If a John is the Executer of Mary's estate, does that mean that John automatically also has power-of-attorney for Mary, while she is alive?
2 Answers from Attorneys
Re: Power-of-attorney
An executor's appointment, and his source of authority, can only come about after the death of the Will writer and appointment by the Surrogate.
During the life of the Will writer the executor has no authority, by virtue of the Will, to act on behalf of the Will writer.
So the answer to your question is NO.
Re: Power-of-attorney
No. A power of attorney is given when an individual is alive. It is a specific document that must be drafted in accordance with NY GOL sections 5-1502A through 5-1503. An executor is established by a will, and only after the person that signed the will dies.
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