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Can a Power of Attorney assume the role of Executor of Will for elderly relative?
acR
Posts: 464 Forumite
My very elderly mother has discovered she is Executor of her deceased brothers Will. She is almost 90 and will not be able to cope with this. I have Power of Attorney for her so can I help her and take over her duties? If so is there something I must do to make this legal?
:hello: “Life is not measured by the number of breaths we take, but by the moments that take our breath away” anon.
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Did the Will specify a second Executor?
Can the second Executor manage the affairs of the deceased Estate?
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Yes there is second executor, again a very elderly lady who is happy to be just kept informed about what is going on, she is unable to help otherwise.:hello: “Life is not measured by the number of breaths we take, but by the moments that take our breath away” anon.0
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other option would be for both to renounce and then someone else to apply for letters of administration with will annexed1
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It appears that the answer is yes - see: https://atkinsdellow.com/insights/what-happens-if-a-named-executor-becomes-incapacitated/#:~:text=If the incapacitated Executor has,are not obliged to act).1
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That definitely sounds like an option. Thank you.Flugelhorn said:other option would be for both to renounce and then someone else to apply for letters of administration with will annexed:hello: “Life is not measured by the number of breaths we take, but by the moments that take our breath away” anon.0 -
If there is no sibling to act as executor, then it means that any neice or nephew can become administrator. Do you implicitly trust all your cousins?If you've have not made a mistake, you've made nothing0
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You cannot use the current power of attorney that you hold as that only covers your mother’s financial affairs.She will need to complete PA11 to give you the power to act as executor.1
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PA 11Keep_pedalling said:
PA11 is giving Powers off Attorney, which have/may already been given. Without knowing what “powers” have been granted, it cannot be said the the current POA cannot be used.You cannot use the current power of attorney that you hold as that only covers your mother’s financial affairs.She will need to complete PA11 to give you the power to act as executor.Mortgage free
Vocational freedom has arrived1 -
A Lasting Power of Attorney is limited to looking after the Financial Affairs of the Donor. Keep Pedalling is correct.It does not extend to performing Mothers Duties as Executor of another estate.Other solutions are available if Mother has Capacity to sign a PA111
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