Legal Question in Wills and Trusts in Pennsylvania

My parents made me executor of their will. Do I automatically have legal and medical POA or is that filed separately ?


Asked on 8/03/15, 11:06 am

2 Answers from Attorneys

John Davidson Law Office of John A. Davidson

No you don't. Further, you might not be executor of the will if for some reason at the time of their death you choose not to do it.

The correct term is agent. That is what a power of attorney (a document) makes to a person. Your parents would be the principal.

{John}

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Answered on 8/03/15, 11:12 am

Wills and agents of power of attorney are 2 different things. Powers of attorney are for the living. Wills only take effect once a person is dead.

If you are the executor under a will, that means nothing as long as your parents are alive as in theory they could change their will at any time up until the minute of their death. However, the will gives you no power to handle their affairs while they are alive.

If the will was drafted by an attorney, then the attorney should have made sure thats your parents had financial and health care powers as well as a living will. You may or may not be made an agent under these documents. If both parents are alive, when I draft these for m clients, they frequently name their spouse as their primary agent and only name their child as a backup or successor agent if the primary agent is unable or unwilling to serve.

If your parents do not have powers of attorney for health and finances or a living will they should. They should see a lawyer in their area to have these documents drafted properly so that they comply with state law. I know NC has peculiar requirements that are not encompassed by documents that are found online and other states may be the same way. These documents are not all that expensive so it pays to have them done right.

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Answered on 8/03/15, 5:15 pm


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