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P. Simmons
P. Simmons, Attorney
Category: Estate Law
Satisfied Customers: 33095
Experience:  12+ yrs. of experience including estate law.
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How does the Power of Attorney of a elderly parent with all

Customer Question

How does the Power of Attorney of a elderly parent with all powers listed and all other matters assigned, differ from the legal representative assigned in there Last Will and Testament, in the State of Minnesota?
Submitted: 8 months ago.
Category: Estate Law
Expert:  P. Simmons replied 8 months ago.
Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to helpThey are similar...that is, the agent in a power of attorney has a "fiduciary duty" to the grantor (the person who gave the power of attorney). This duty requires the agent to place the interests of the grantor above their own. The same is true for an executor of an estate.
But they are also quite different. The grantor of a power of attorney can revoke the power at any time...for any reason. And, more important, no particular organization or individual is required to accept a power of attorney. On the other hand, an executor of a will is appointed by the court. They can only be replaced by an order from the court and they have the backing of the court (so organizations and individuals must respect their status)Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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