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Can a Power of Attorney assume the role of Executor of Will for elderly relative?
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EasySolution said: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
(https://atkinsdellow.com/insights/what-happens-if-a-named-executor-becomes-incapacitated/#:~:text=If the incapacitated Executor has,are not obliged to act).1 -
Linton said:EasySolution said: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
(https://atkinsdellow.com/insights/what-happens-if-a-named-executor-becomes-incapacitated/#:~:text=If the incapacitated Executor has,are not obliged to act).
Rule 35 of the Non-Contentious Probate Rules 1987 (NCPR 1987) allows an Attorney to make an application to the Probate Registry for a Grant of Letters of Administration (with Will annexed) – allowing them to administer the estate in the same way as a Grant of Probate – provided all other relevant persons have been ‘cleared off’. This means there must be no one else who is entitled to act within the order of priority (Rule 20 NCPR 1987) in the same way as the incapacitated Executor.
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