Over 13 years ago, a friend of mind named me as the executor of his will. Within the past week I have discovered that he had also named me as durable power of attorney and provided me with his health care directive. I live over three hundred miles from him and only talk with him once a year. His will is outdated, provides no dispositon instructions regarding his assets and I am not aware of any of his personnel information (SSN, Banks, taxes, etc.)
Quite frankly I believe that if anything were to happen to him or he starts to suffer from a long lingering decline in his health, that being responsible for his affairs would be beyond the scope of what I can handle, especilayy being so far away.
So my questions are (1) can I turn back the DPOA & decline being executor and (2) If I drop out of the picture what will happen to him and his estate?
1 Answer from Attorneys
Being nominated as the personsal representative to handle the will or the agent for the powers of attorney does not mean that you must serve. (In some cases, the court would not appoint the person named to be the personal representative.)
If you do not believe you can help your friend, you likely should tell him that you cannot help him so that he can find someone who is willing to help him.