Asked in Estate Planning for Virginia

Q: I have a question concerning business affairs Power of Attorney and Executor of Will responsibilities.

My mother has named my sister as her Power of Attorney and Executor of her will. However they are currently feuding. If my mother replaces my sister as Executor, naming me or my brother in her place but leaving my sister as Power of Attorney. Does this mean that my sister would remain responsible for paying her bills and other financial matters while I or my brother would perform the duties of executing her will should she pass away? What exactly are the duties of each position?

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1 Lawyer Answer

A: Yes, you answered your own question. The power of attorney is the most dangerous because they have unfettered access to all of her financials while she is alive. She may want to consider changing that as well.

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