Washington, DC asked in Estate Planning and Probate for Maryland

Q: My question would be What is the difference between power of attorney and an executor of the estate?

Related Topics:
2 Lawyer Answers
Mark Oakley
Mark Oakley
Answered
  • Estate Planning Lawyer
  • Rockville, MD
  • Licensed in Maryland

A: A POA is a legal instrument that appoints another person to act as the "attorney-in-fact" or agent of the person creating the POA (the "principal"), who can do things in the name of the principal as if they were the principal, to the extent set forth in the POA. The POA is only effective while the principal is living. The POA terminates, and the agent named in it ceases to be able to act under it, upon the death of the principal.

An executor of an estate (also known as "personal representative") is the person appointed under a will and approved by the court (or in the absence of a will, appointed by the court upon petition), to administer the estate of a deceased person, gather the assets, account to the probate court, and distribute the assets to the decedent's heirs as directed by the will, or in case there is no will, in accordance with the laws of intestate succession. An executor has no powers to act during the lifetime of the person who appointed them in their will, since obviously, the maker of the will is not dead and there is no estate to administer.

Cedulie Renee Laumann
Cedulie Renee Laumann
Answered
  • Estate Planning Lawyer
  • Crownsville, MD
  • Licensed in Maryland

A: A Power of Attorney gives someone else rights to manage financial affairs and property while the planner is LIVING.

In contrast, an Executor (Personal Representative) is appointed to manage the financial affairs and property after the planner dies.

While not legal advice, I hope that this general information helps!

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.