Can a Power of Attorney assume the role of Executor of Will for elderly relative?

acR

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?

Grumpy_chap

Did the Will specify a second Executor?
Can the second Executor manage the affairs of the deceased Estate?

unforeseen

Yes you can
https://www.wilsonbrowne.co.uk/news/who-can-act-in-place-of-an-incapable-executor/ 

acR

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.

Flugelhorn

other option would be for both to renounce and then someone else to apply for letters of administration with will annexed 

Linton

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).

acR

Flugelhorn said:

other option would be for both to renounce and then someone else to apply for letters of administration with will annexed 

That definitely sounds like an option. Thank you.

RAS

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?

Keep_pedalling

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.

https://assets.publishing.service.gov.uk/media/62835fa1e90e071f62029bb7/PA11_0522_save.pdf

sheslookinhot

PA 11Keep_pedalling said:

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.

https://assets.publishing.service.gov.uk/media/62835fa1e90e071f62029bb7/PA11_0522_save.pdf

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.

EasySolution

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 PA11