top of page
Guardians and power of attorneys
A guardian is able to make health care and personal decisions for someone on their behalf if they are unable to. A power of attorney however, has the ability to make legal decisions or deal with monetary aspects for another person.
You can have more than one person appointed as your guardian and / or power of attorney and specify who or how many people have to agree on decisions that affect you.
You should make these wishes clear in legal documentation and if you have a specific person in mind to manage these affairs for you. Talk to a lawyer about what paperwork is required or get advice from your state Legal Aid body.
Guardians and power of attorneys may no longer apply after someone passes away and the role of the executor of the will often takes over the management of the estate. Check with the requirements in your state.
Executor of the will
An executor is someone who has the responsibility of dividing up a person's estate and assets according to their will after they pass away.
Some of the responsibilities of an executor include the following.
Finding the will
Organising the funeral
Renunciate your role of the executor as soon as possible if you are unable or unwilling to take on this role
Get a copy of the death certificate
Find and protect all assets and debts
Obtain probate if applicable. Probate is a process where the will is deemed as a legally valid document and that the instructions left in the will can be followed
Pay any outstanding debts or taxes
Contact beneficiaries
Divide the assets between any beneficiaries as per the will
It can be overwhelming being the executor so you might wish to seek assistance from a lawyer, accountant or licensed professional trustee company.
Depending on how complicated the affairs are, it can take up to a year or longer to carry out the role of an executor. Some states have a Government Trustee and Guardian agency who can manage this role. However, if someone else is appointed, they will take a fee to cover their time in carrying out this role. It is important to seek legal advice to understand your options further.
bottom of page