Legal Question in Wills and Trusts in North Carolina
Can someone with power of attorney act as the representative for someone who is an executor of an estate?
1 Answer from Attorneys
I am not quite sure what you are asking. A person does not become executor until the person who made the will (called a testator) dies. So a will does not become operative until death.
A power of attorney is made by a principal and appoints an agent. When the prinicpal dies, the POA is at an end.
The executor of an estate can certainly make a POA appointing someone as an agent for him. However, if the executor cannot fulfill his duties in administering the estate, I don't think the executor can get around the law by appointing an agent to carry out those duties. If the executor can no longer perform the duties, then the executor needs to resign and a successor executor will need appointed as per the will or an administrator will be appointed by the clerk of court if this is an NC estate.