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Power of Attorney Versus Executor
Richard A. Whitney

Q. 

Does the Power of Attorney supercede the named Executor of the estate?

-- Marquita

A. 

While a person who has given someone a power of attorney remains living, only the power of attorney can be used. Once the person dies, the power of attorney is no longer usable and the executor, once appointed by the court, takes over the functions of the power of attorney. The powers under the power of attorney are applicable to living persons only. There is no conflict between the attorney-in-fact and the executor because the executor takes over only on the death of the principal.



-- Richard A. Whitney

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