Is personal representative same as power of attorney?

The primary difference between the Personal Representative (“PR”) and the person appointed under a power of attorney the attorney in fact (the “POA”) is that the PR is administering the estate after the person has passed away and the POA is caring for the person while they are incapacitated, but still living.

What does a personal representative do?

The purpose of a personal representative is to carry out the wishes of the decedent regarding distribution of his/her assets, and to complete the decedent’s business, such as paying bills and filing tax returns.

Can a power of attorney be used as a personal representative?

A person cannot use a last will and testament to grant power of attorney, but you can use one to name a personal representative. Talk to a lawyer for legal advice about the differences between a personal representative and a power of attorney.

When does a person become a personal representative?

A person who creates a last will and testament can nominate someone to serve as the personal representative, but that person only becomes the representative once the probate court approves the nomination and appoints him. A principal can grant power of attorney at any time, and terminate the agent’s powers at will.

What’s the difference between an estate and personal representative?

An estate is all the property you owned at the time of death, and settling the estate means transferring that property to new owners. The personal representative, sometimes called an executor, gets her power from the probate court.

Can a principal grant an agent a power of attorney?

A principal can grant power of attorney at any time, and terminate the agent’s powers at will. All powers of attorney terminate upon the principal’s death, and no agent can continue to act on behalf of the principal once the principal dies. An attorney-in-fact has only those powers that the principal decides to grant.

Does a personal representative need to hire a lawyer?

A Personal Representative is allowed to hire a probate lawyer when necessary and pay the legal fees out of the estate. Since your Personal Representative is given access to all property in the probate estate, the selection of a competent and trustworthy person is very important.

What is the legal definition of personal representative?

A legal personal representative is a person who is: an executor of another person’s will; the administrator of deceased person’s estate; the trustee of a legally disabled person’s estate or affairs; or a person who has been granted an enduring power of attorney over the affairs of another person.

What are the responsibilities of a personal representative?

A personal representative is someone who is responsible for managing financial affairs on behalf of another person. The most common type of personal representative is an executor, also called an administrator, who handles the processing of a will.

Does a personal reprsentative have a legal duty?

A personal representative or legal personal representative is the executor or administrator for the estate of a deceased person. Personal representatives serve as fiduciaries of the beneficiaries of estates and have the duty to act in good faith , with honesty, loyalty, and candor, and in the best interests of the estate’s beneficiaries.