Legal Question in Wills and Trusts in New Hampshire

difference between durable power of attourney and executer

My mother went to a lawyer today who is advising her that he should be the executer and I the oldest daughter who handles most legal issues for her now, should be the durable power of attourney. I always thought that the power of attourney duties ended when the person becomes deceased. Now I`m questioning this lawyers advice. can you give me some explanations of executers control and duties and also of durable Power of attourneys control and duties. I don`t want to steer my mother wrong. But I also do not want to give total control over her estated to a complete stranger lawyer or no lawyer. also is ther a difference between durable power of attourney and just power of attourney.

Rhonda


Asked on 5/18/04, 7:49 pm

1 Answer from Attorneys

Roy Weddleton Granite Law

Re: difference between durable power of attourney and executer

The executor handles the Estate after the person dies. The POA allows someone else to handle health and or financial affairs for someone while they are alive.

There may be a good reason that the attorney is recommending he be executor but it is unusual and you and your mother are right in questioning it.

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Answered on 5/19/04, 8:51 am


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