• Menu
  • Skip to right header navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Before Header

Call for a consultation  (770) 933-9009

  • Facebook
  • Google+
  • LinkedIn

Brian Douglas Law

Just another WordPress site

  • Home
  • About Us
    • Meet the Team
      • Attorney Brian M. Douglas
      • Attorney Amber N. Brantley
      • Attorney Lydia Jung
      • Attorney Rick Agraz
      • Support Staff
    • In The Media
    • Review Us
    • Giving Back
  • Estate Planning
    • Estate Planning
    • Estate Planning FAQs
    • Estate Planning FAQs (Videos)
  • Probate
    • Probate
    • Wills And Probate (Videos)
  • Becoming A Client
    • Request A Consultation
    • EPIC Protection Planning Session
  • Testimonials
    • What Clients Say
    • What Attorneys Say
    • Business Reviews
  • For Advisors
  • Blog
  • Contact
  • Home
  • About Us
    • Meet the Team
      • Attorney Brian M. Douglas
      • Attorney Amber N. Brantley
      • Attorney Lydia Jung
      • Attorney Rick Agraz
      • Support Staff
    • In The Media
    • Review Us
    • Giving Back
  • Estate Planning
    • Estate Planning
    • Estate Planning FAQs
    • Estate Planning FAQs (Videos)
  • Probate
    • Probate
    • Wills And Probate (Videos)
  • Becoming A Client
    • Request A Consultation
    • EPIC Protection Planning Session
  • Testimonials
    • What Clients Say
    • What Attorneys Say
    • Business Reviews
  • For Advisors
  • Blog
  • Contact

Mobile Menu

Schedule A Free Consultation Now!

Find out how our law firm can help you win your case or you don’t pay a cent.

(800) 555-2840

  • Facebook
  • Google+
  • LinkedIn
You are here: Home / Estate Planning / What is the Difference Between Power of Attorney and an Executor?

What is the Difference Between Power of Attorney and an Executor?

March 9, 2017 By //  by Brian Douglas

With the baby boomer generation living longer, adult children are taking on more responsibility, including being asked to administer estates.

However, for many adult children, this can seem overwhelming as well as confusing. Older parents require help with their wills and health leading to confusion between the terms “power of attorney” and “executor of estate.”

These two designations are not difficult once people understand that the dividing line between them is the death of the family member.

Power of Attorney

This term designates an individual to act on behalf of a relative or friend until that person dies.

Within this designation, there are several types of power of attorney. Medical power of attorney relates specifically to health care decisions.

If designated as such, a person will be called upon to work with health care providers to ensure appropriate medical care. This person is legally bound to make decisions based on the designator’s preferences to the extent they are capable.

In addition, a person may be deemed a financial power of attorney. This person is someone who handles both monetary issues such as retirement account and investment as well as mundane issues like mail and depositing social security checks.

Although called an “attorney-in-fact” who handles financial decisions, this person does not need to be either a lawyer or a financial professional. It simply needs to be someone trustworthy.

Some people use the same person for both medical power of attorney and financial power of attorney.

Estate Personal Representative

An estate personal representative is someone who takes care of issues involved with the will and estate after the passing of a loved one.

An executor of a will is named by the person making the will, however, the court still needs to approve the person prior to them commencing their duties.

In Georgia, the personal representative of a will is known as the “executor” and the personal representative of an estate without a will is known as the “administrator.”

Once approved by the court, the personal representative is required to gather assets, inventory them, and take possession of assets belonging to the estate. Now, the personal representative must provide notice to all the estate’s creditors within 60 days after being appointed the personal representative.

Then the personal representative is required to pay all debts and expenses attached to the estate, including funeral and burial expenses, and taxes. The personal representative is responsible for filing the final tax return for the deceased and the estate.

Once taxes and all debts have been paid, the estate will be distributed by the personal representative to named beneficiaries or the heirs. Then the personal representative will be able to close the estate.

While both designations include time and emotional energy, the difference lies in when the processes are being completed. Being designated a power of attorney means acting as a loved one’s representative during their lifetime.

Acting as someone’s estate administrator or executor means taking care of the technicalities of the estate after the person has passed away. Both require trust on behalf of both parties and should be discussed with an attorney as well as all people who will be involved.

Contact Brian M. Douglas and Associates Today

To lean more or to settle your Estate Planning needs, please call Georgia attorney Brian M. Douglas at (770) 933-9009 to schedule an consultation, or contact us online.

Filed Under: Estate Planning

You May Also Be Interested In:

What if You Can’t Pay Your HOA Fees Due to Financial Hardship?

Avoiding Probate in Georgia: Common Probate Issues, Helpful Estate Planning Tools

2021: A Look Ahead at Georgia Estate Planning

A 2020 Perspective: The Bright Spots of This Challenging Year

Ways to Remember a Lost Loved One During the Holidays

Holiday Traditions: Simple Ways to Make the Holiday Season Even More Special

Holiday Gift Ideas for Those Staying at Home

Celebrating the Holidays Safely: ‘Tis the Season for a Little Creativity

What Happens to Attorney-Client Privilege After the Client Passes Away?

Previous Post: « Common Reasons for Georgia Probate Litigation
Next Post: What If the Beneficiaries of a Will Cannot or Should Not Benefit From It? »

Primary Sidebar

Schedule A Consultation!

Schedule a consultation today. Let us know how we can help.

SCHEDULE A CONSULTATION

RECENT POSTS

What if You Can’t Pay Your HOA Fees Due to Financial Hardship?

A large percentage of homes in the Metro Atlanta area are part …

Avoiding Probate in Georgia: Common Probate Issues, Helpful Estate Planning Tools

The probate process is a structured and regulated means of …

2021: A Look Ahead at Georgia Estate Planning

2020, a year full of uncertainty, is finally behind us. For …

A 2020 Perspective: The Bright Spots of This Challenging Year

About a year ago, in late December 2019, everyone was all abuzz …

Ways to Remember a Lost Loved One During the Holidays

For those who are grieving the loss of a loved one, the holiday …

Footer

Contact Us

Contact our office today. Our attorneys are ready to help you.
Learn How →

Our Law Office

Brian M. Douglas & Associates
(770) 933-9009

900 Circle 75 Parkway SE
Suite 800
Atlanta, GA 30339

Copyright © 2021 · Brian M. Douglas & Associates, LLC. All rights reserved. Terms | Privacy | Disclaimer