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Executor or power of attorney in MA estate plan

Submitted by TBody on Mon, 07/09/2012 - 07:14

Hello and thank you very much for this forum. My husband and I love it and have learned quite a bit about estate planning by reading your answers. We're in the process of setting up our estate plan, in the very early stages actually. And we have a question about the difference between a person who is the power of attorney and the person who we appoint as our executor. Is there a difference? Should it be the same person? Thanks.

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Personal Representative and Attorney in Fact

Submitted by The Editor on Mon, 07/09/2012 - 08:30.

Just to confuse matters even more, the title to my response uses two additional terms.  An executor, now called the Personal Representative under the new MA Uniform Probate Code, is the person who is authorized to settle your estate and guide it through the probate process.  Her duties arise after you pass away.

Your power of attorney, also known as your Attorney in Fact or Agent, is a person you authorize to assist with the management of your finances, property, business, etc. while you are living.  The Attorney in Fact's authority ends upon your death.  However, with a durable power of attorney, the Agent can continue to serve your interests after you become incapacitated.  Hope that helps.

Personal Representative and Attorney-in-Fact

Submitted Mon, 01/07/2013 - 15:48.

There is no problem having your personal representative and your attorney-in-fact be the same person. In fact, it is common for people to name the same person in both capacities because both require the some similar jobs. Many people select a close friend or family member that they feel is responsible enough to serve in both roles.

Thomas Swain Smith
Massachusetts Estate Planning Lawyer

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