How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask P. Simmons Your Own Question
P. Simmons
P. Simmons, Attorney
Category: Estate Law
Satisfied Customers: 34276
Experience:  12+ yrs. of experience including estate law.
Type Your Estate Law Question Here...
P. Simmons is online now
A new question is answered every 9 seconds

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: 1 year ago.
Category: Estate Law
Expert:  P. Simmons replied 1 year 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.